HRS 0634-0051 ANNOTATIONS

"Sections 501-241 to 501-248" substituted for "chapter 501, part ".

Concerning constitutionality of lis pendens statutes, see Dealing with the Remorseful Seller: Time Being of the Essence and Buyer's Right to Specific Performance in Hawaii Real Estate Transactions. 15 HBJ 77.

Since filing notice of lis pendens under this section poses only a potential cloud on title, it is not an unconstitutional seizure of property without due process. 418 F. Supp. 695.

Party may not invoke lis pendens where party's interest in land is only a percentage of the income derived from the use of land and there is no right to title or control of the land. 72 H. 267, 814 P.2d 396.

Alleged equitable lien and filing of lis pendens not breach of covenant against encumbrances since lien was not actually in existence, valid, and enforceable at time of conveyance; a recorded lis pendens is an encumbrance. 75 H. 480, 866 P.2d 951.

Where complainant does not claim title to or a right of possession of property, section not implicated and lis pendens should have been expunged. 75 H. 480, 866 P.2d 951.

Where trial court's judgment in favor of defendant extinguished any claims plaintiff had against defendant and filing of appeal did not affect validity of the judgment being appealed from, lis pendens properly expunged as it was no longer based on "any action concerning real property". 92 H. 243, 990 P.2d 713.

Where mortgagors' rights to property extinguished through foreclosure, that issue is res judicata. 4 H. App. 439, 667 P.2d 834.

Lis pendens expunged. 78-2 HLR 78-1289; 80-1 HLR 800595.

Section unconstitutional. 78-2 HLR 78-769; 78-2 HLR 78-1289.