§441-12 Mortgages and liens subject to dedication. Cemetery authorities may secure pecuniary obligations by mortgage or lien upon their property, whether or not the property has been set aside for interment purposes, and may sell plots, crypts, or niches subject to such mortgage or lien within the limitations and conditions imposed by this chapter. All mortgages and other liens of any nature hereafter contracted, placed, or incurred upon property which has been and was, at the time of the perfection of the lien, with the recorded written consent of the owner of any mortgage or lien, dedicated to cemetery purposes pursuant to this chapter, shall not affect or defeat the dedication, or the title of any plot, crypt, or niche owner, but the mortgage or other lien shall be subject and subordinate to the dedication and title of any plot, crypt, or niche owner, and any and all sales made upon foreclosure shall be subject and subordinate to the dedication and title of any plot, crypt, or niche owner. [L 1967, c 199, pt of §1; HRS §441-12]

Previous Next