How to Record a Judgment Lien on Real Property in Hawaii

A Hawaii judgment does not automatically attach to the debtor's real property. To create a lien that encumbers their land and can affect a sale, refinance, or mortgage, you must record the judgment yourself at the Hawaii Bureau of Conveyances.

Why Record a Judgment Lien

A judgment lien is a long-game enforcement tool. The debtor may not sell their property this month or this year, but when they eventually do — or when they try to refinance — the lien can affect the transaction and may need to be addressed at closing. It turns the debtor's real estate into a form of security for your judgment.

For small claims judgments where the debtor has no garnishable wages and no accessible bank accounts, a real property lien may be your best option. For documents up to 50 pages, the fee is $41 in the Regular System or $36 in Land Court; for longer documents, the fees are $106 and $101, respectively. Land Court also charges a $50 title fee for the annotation. The lien lasts as long as the judgment itself — 10 years, renewable.

Hawaii Has One Recording Office

Unlike most states where you record at the county level, Hawaii has a single statewide recording office: the Bureau of Conveyances, located in Honolulu under the Department of Land and Natural Resources. There are no separate county recording offices. One recording can create a lien on all of the debtor's real property statewide — but only within the correct recording system.

Regular System vs. Land Court

Hawaii operates two distinct land recording systems, and you need to identify which one governs the debtor's property:

Regular System: A race-notice recording system for unregistered land. Recording a certified copy of your judgment in the Regular System creates a general lien against all Regular System real property the debtor owns anywhere in Hawaii. The filing fee is $41 for documents up to 50 pages, or $106 for 51+ pages.

Land Court System (Torrens Title): A strict pure-race registration system where title is certified by the state. To lien Land Court property, you must file the certified judgment with the Land Court Registrar and have it noted as an encumbrance on the debtor's specific Certificate of Title. The filing fee is $36 for documents up to 50 pages, or $101 for 51+, plus a $50 title fee for the Certificate of Title annotation.

Recording in the Regular System does not reach Land Court property, and vice versa. If the debtor owns property in both systems, you need two separate filings.

How to Record

1. Get a certified copy. Request a court-certified copy of the judgment from the District Court clerk. The document must bear the clerk's file stamp.
2. Identify the recording system. Check the Bureau of Conveyances records or the county real property tax records to determine whether the debtor's land is Regular System or Land Court.
3. Submit the recording. File the certified judgment at the Bureau of Conveyances with the applicable fee.
4. Confirm the recording. The Bureau assigns a document number and recording date. For Land Court property, verify that the lien has been annotated on the Certificate of Title.

How Long the Lien Lasts

Under HRS § 636-3, a recorded judgment lien remains valid for 10 years from the date the judgment was originally entered — the same lifespan as the judgment itself under HRS § 657-5. If you renew the judgment before it expires, you should re-record to maintain the lien's priority position.

Limitations

A judgment lien does not override prior mortgages, mechanic's liens, or property tax liens — those have higher priority. And if the debtor claims a homestead exemption under HRS § 651-92, there is protected equity:

• $30,000 for a head of household or individual 65+
• $20,000 for all others
• Limited to one parcel not exceeding one acre

This means a forced sale to satisfy a small claims judgment is only practical when the debtor's equity exceeds the homestead exemption plus any senior liens.

Releasing the Lien

When the judgment is paid in full, you must record a Satisfaction of Judgment at the Bureau of Conveyances to clear the lien. Use the same certified form you file with the court (Form 1DC48 / 3DC48), recorded in whichever system holds the lien.

Our Hawaii Judgment Collection Guide covers judgment lien recording with step-by-step Bureau of Conveyances instructions for both recording systems.

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