506-4 Interests in recorded mortgages and leases. The mortgage shall operate only as a contract between the parties with respect to, and shall not create a lien upon, any recorded mortgage or lease, unless and until a specific reference to the mortgage or lease in the manner contemplated by section 502-33 is contained in an instrument or affidavit executed by the mortgagor or mortgagee and duly recorded in the bureau of conveyances at Honolulu. [L 1939, c 255, 4; RL 1945, 8875; RL 1955, 196-5; HRS 506-4]

 

Law Journals and Reviews

 

Later mortgagee having actual notice of earlier mortgage is not entitled to priority merely because earlier mortgage omitted book and page references required by 502-33. Haw Supp, IV HBJ, no. 3, at 30 (1966).

 

Case Notes

 

Ambiguity in mortgage should be resolved against drafter, particularly where interests of a party not privy to the mortgage contract are sought to be encumbered. 62 H. 188, 613 P.2d 1315 (1980).

 

 

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