01-14-2025, 05:59 PM
My 2 Cents,
The Bureau of Conveyances is the "legal and official" recording of the lien.
That being said, in order to record a lien, the Bureau of Conveyances would require all the various documents, inclusive of "proof of service."
In the absence of legal proof of service, the Bureau of Conveyances would not allow the lien to be recorded in the first place.
And while yes, the person/entity filing the lien would have to submit the necessary paperwork to "release" the lien with the Bureau of Conveyances, one would think that if any person/entity filing any lien in error, as in the way this issue was explained, would file for that "release" immediately with the Bureau of Conveyances.
I would assume, I don't know this with 100% certainty, but I would assume that most if not all of the "substandard" subdivision Associations that would legally be able to file liens on owners' properties here in Hawaii would either use a lawyer and/or various lien filing service companies instead of some Association clerk in an office typing out forms.
As such, any association who files a lien on someone's property, in error and even if they did have some type of "proof of service" of that lien and managed to get that lien recorded without the property owner knowing about it and then when faced with that property owner having clear proof that there should have been no lien filed in the first place, any association lawyer or service firm used to get the lien recorded would also be able to have it released immediately.
To be clear, in my opinion in as much as the issue as explained COULD BE 100% true, I find it almost implausible given the details as explained.
The Bureau of Conveyances is the "legal and official" recording of the lien.
That being said, in order to record a lien, the Bureau of Conveyances would require all the various documents, inclusive of "proof of service."
In the absence of legal proof of service, the Bureau of Conveyances would not allow the lien to be recorded in the first place.
And while yes, the person/entity filing the lien would have to submit the necessary paperwork to "release" the lien with the Bureau of Conveyances, one would think that if any person/entity filing any lien in error, as in the way this issue was explained, would file for that "release" immediately with the Bureau of Conveyances.
I would assume, I don't know this with 100% certainty, but I would assume that most if not all of the "substandard" subdivision Associations that would legally be able to file liens on owners' properties here in Hawaii would either use a lawyer and/or various lien filing service companies instead of some Association clerk in an office typing out forms.
As such, any association who files a lien on someone's property, in error and even if they did have some type of "proof of service" of that lien and managed to get that lien recorded without the property owner knowing about it and then when faced with that property owner having clear proof that there should have been no lien filed in the first place, any association lawyer or service firm used to get the lien recorded would also be able to have it released immediately.
To be clear, in my opinion in as much as the issue as explained COULD BE 100% true, I find it almost implausible given the details as explained.
"Make Orwell Fiction Again"