Hawaii Administrative Rules
Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Chapter 178 - ADMINISTRATIVE SPECIAL MORTGAGE RECORDING FEE GUIDELINES
Section 16-178-2 - Definitions

Universal Citation: HI Admin Rules 16-178-2
Current through February, 2024

As used in this chapter, unless the context otherwise requires:

"Additional charge mortgage" means a mortgage which increases the principal amount of the secured debt owed to the mortgagee that holds an existing mortgage on the property described in that mortgage and which is recorded in the bureau of conveyances of the State or filed with the assistant registrar of the land court of the State.

"Additional security mortgage" means a mortgage of additional property to secure an existing debt which is recorded in the bureau of conveyances of the State or filed with the assistant registrar of the land court of the State.

"Debt" means the stated principal amount of the obligation secured by the mortgage.

"HHRF" means the Hawaii hurricane relief fund.

"Mortgage" means every transfer of an interest in real property, except fixtures, made as security for the performance of another act or subject to defeasance upon the payment of an obligation, whether the transfer is made in trust or otherwise.

"SMRF" means a special mortgage recording fee imposed on each mortgage and each amendment to a mortgage which increases the principal amount of the secured debt which is recorded in the bureau of conveyances of the State or filed with the assistant registrar of the land court of the State.

"SMRF transmittal form" means a document, in the form available from the bureau of conveyances, showing the calculation of the SMRF, which shall accompany each mortgage or amendment to a mortgage to be recorded and the payment of the SMRF.

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