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Title Reports

CERTIFICATE OF TITLE
A Certificate of Title is the certification by a title company as to the status of the title to a particular parcel of land after an investigation has been made by a search of the public records.

.A Certificate of Title sets forth only those matters affecting title which are considered valid and outstanding on the public records as of the date and time shown on the Certificate.

The liability of the title company for the issuance of a Certificate of Title is confined to the records searched and does not extend to “off record risks” such as competency of the parties, forgeries, fraud, undisclosed heirs, adverse possession, encroachments and such matters not possible to ascertain by a search of such recorded documents.

Owner’s Certificates are issued with liability equal to the amount of the sale price or market value.  Lender’s Certificates are issued with liability in the amount of the mortgage.

LITIGATION GUARANTEE
A Litigation Guarantee is a report that is used primarily for actions to quiet title and foreclosure purposes.  In addition to setting forth the condition of title, it identifies the parties to be cited in a civil proceeding.

JUNIOR LOAN POLICY
A Junior Loan Policy is issued to a lender and holder of a second or equity line mortgage.  A Junior Loan Policy is issued before the loan is closed to assure the lender the borrower is the landowner and reports all existing liens including real property taxes.

FINANCING STATEMENT REPORT (UCC REPORT)
A UCC Report reflects all financing statements recorded under a person’s or entity name in the Bureau of Conveyances, State of Hawaii.  Under Article 9 of Hawaii’s Uniform Commercial Code (effective as of July 1, 2002), financing statements that affect Hawaii property might be recorded in other states.  If requested for an additional fee, we can arrange to obtain a financing statement report derived from public records in other states. 

EXPRESS PROPERTY AND LIEN CHECK REPORT (EXPRESS REPORT)
An Express Property and Lien Check Report is a limited synopsis of certain recorded documents pertaining to a street address or other form of identification of the property as provided by our clients. The report reflects liens and other matters against the property and its owner(s) of record. It is provided to our clients as a courtesy and usually without charge. In some instances, we may not be able to provide this report. The client will be contacted, and we will recommend that a complete title search be performed. This report should be used by the Realtor® to help with the listing process of real property in the State of Hawaii. It will provide the Realtor® with the following information:

-Name of the current titleholder to the property
-Land system - Regular System, Land Court or Double System
-Estate - Fee or Leasehold
-Outstanding mortgages, if any
-Certain other disclosures (i.e., Agreement of Sale, Notice of Lien, Lis Pendens)
-Limited lien check on the titleholder or vendee, including State or Federal Tax Liens, Judgments, and Bankruptcy Proceedings
-Real Property Tax information
-Copy of Tax Map
-Copy of current conveyance document(s)

STATUS REPORT
A Status Report is ordinarily requested by someone who wishes to know the current status of title to a certain property.  It typically carries a maximum liability of $3,500 and indicates the persons or entities in which the public records state the title is vested, subject to the matters shown in Schedule B, as of the date of the report.

LIEN REPORT
A Lien Report is a report that reflects any outstanding liens or judgments against an individual, corporation, or partnership that are recorded in the Bureau of Conveyances. The documents reflected in the report may include State Tax Liens, Federal Tax Liens, Circuit Court Judgments, District Court Judgments, Federal Court Judgments, and Family Court Judgments.