HB 1639

HOUSE OF REPRESENTATIVES
H.B. NO.
1639
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to notaries public.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� Chapter 502, Hawaii Revised Statutes, is
amended by adding two new sections to part V to be appropriately designated and
to read as follows:
���� "�502-A� Fraudulent notarial
acts voidable.� The bureau of conveyances shall void any
recorded deed or interest in real property that contains a fraudulent notarial
act or seal if the purported notary public whose notarial act or seal was
fraudulently used attests to the bureau of conveyances that the notarial act or
seal was fraudulently administered, authorized, or authenticated.
���� �502-B� Notice of attempted recording; suspension
of recording.� The bureau of conveyances shall allow a
holder of title to real property to suspend the recording of any written instrument
affecting the title, except liens or judgments against the subject real
property or the title holder, until the title holder releases the
suspension.� For real property title that
is suspended, the bureau of conveyances shall notify any holder of title to
real property of any attempt to record a written instrument affecting the
title.� This suspension shall be lifted
automatically if the real property is foreclosed upon."
���� SECTION 2.� Section 456-26,
Hawaii Revised Statutes, is amended to read as follows:
���� "[[[]]�456-26[[]]]� Validity of notarial acts.�
Except as otherwise provided in
[[section]] sections 456-14(b)[[,]] and 502-A, the
failure of a notary public to perform a duty or meet a requirement specified in
this chapter does not validate or invalidate a notarial act performed by the
notary public.� The validity of a
notarial act under this chapter does not prevent an aggrieved person from
seeking to invalidate the document or transaction that is the subject of the
notarial act or from seeking other remedies based on the laws of this State
other than this chapter or based on the laws of the United States.� This section shall not be deemed to validate
a purported notarial act performed by a person who does not have the authority
to perform notarial acts."
���� SECTION 3.� In codifying the new sections added by
section 1 of this Act, the revisor of statutes shall substitute
appropriate section numbers for the letters used in designating the new
sections in this Act.
���� SECTION 4.� Statutory material to be repealed is
bracketed and stricken.� New statutory
material is underscored.
���� SECTION 5.� This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Notary Public; Bureau of Conveyances; Fraudulently
Notarized Recorded Instruments
Description:
Requires
the Bureau of Conveyances to void any recorded instrument that was fraudulently
notarized when attested to by the purported notary public.� Requires the Bureau of Conveyance to allow
title holders to suspend additional recordings on their title, unless given
prior authorization by the title holder, subject to certain limitations.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.