HB2612 • 2026

RELATING TO MORTGAGES.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: GRANDINETTI, BELATTI, IWAMOTO, KUSCH, PERRUSO, POEPOE, SHIMIZU
Last action: 2026-02-20
Official status: Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1).
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

RELATING TO MORTGAGES.

What This Bill Does

RELATING TO MORTGAGES.
Mortgages; Debt; Secured Transactions Clarifies that a mortgage does not exist independent of the debt it secures and shall not be independently enforceable from the debt.
Effective 7/1/3000.
(HD1)

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: HB2612 HD1 HOUSE OF REPRESENTATIVES H.B.

HB2612 HD1 HOUSE OF REPRESENTATIVES H.B.
NO.
2612 THIRTY-THIRD LEGISLATURE, 2026 H.D.
1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO MORTGAGES .

Bill History

2026-02-20 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1).
2026-02-20 H
Reported from CPC (Stand. Com. Rep. No. 757-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2026-02-19 H
The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Matayoshi, Grandinetti, Chun, Ilagan, Ichiyama, Iwamoto, Kong, Tam; Ayes with reservations: none; Noes: none; and 3 Excused: Representative(s) Lowen, Marten, Pierick.
2026-02-19 H
Bill scheduled for decision making on Thursday, 02-19-26 2:05PM in conference room 329 VIA VIDEOCONFERENCE.
2026-02-18 H
The committee(s) on CPC recommend(s) that the measure be deferred until 02-19-26.
2026-02-13 H
Bill scheduled to be heard by CPC on Wednesday, 02-18-26 2:00PM in House conference room 329 VIA VIDEOCONFERENCE.
2026-02-02 H
Referred to CPC, JHA, referral sheet 6
2026-01-28 H
Introduced and Pass First Reading.

Official Summary Text

RELATING TO MORTGAGES.
Mortgages; Debt; Secured Transactions
Clarifies that a mortgage does not exist independent of the debt it secures and shall not be independently enforceable from the debt. Effective 7/1/3000. (HD1)

Current Bill Text

Read the full stored bill text

HB2612

HOUSE OF REPRESENTATIVES

H.B. NO.

2612

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to mortgages
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION
1
.
�
Section 506-1, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�506-1
�
Lien of mortgages of real
property or fixtures; debts secured; priority.
�
(a)
�

Every transfer of an interest in real property or 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,
is to be deemed a mortgage and shall create a lien only as security for the
obligation and shall not be deemed to pass title.

����
(b)
�

A mortgage may secure the repayment of past debt, a debt incurred at the
time the mortgage is executed, or a debt incurred for advances which may be
made by the mortgagee subsequent to the execution of the mortgage even though
the mortgagee is under no contractual duty to make these advances.
�
Except as otherwise provided in sections
490:9-334 and 490:9-604 of the Uniform Commercial Code with respect to security
interests in fixtures, a mortgage which secures future advances, up to but not
exceeding the maximum amount of future advances stated in the mortgage, shall
be superior to any subsequently recorded mortgage, lien, or other encumbrances
or conveyance, other than liens for real property taxes and assessments for
public improvements, even though the subsequently recorded mortgage, lien, or
other encumbrance or conveyance is recorded prior to the date upon which any
advance or advances have been made.

����
(c)
�
A mortgage does not exist independent of the
debt it secures and shall not be independently enforceable from the debt.
"

����
SECTION
2.
�
New statutory material is
underscored.

����
SECTION 3.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Mortgages;
Debt; Secured Transactions

Description:

Clarifies that a mortgage does not exist independent of
the debt it secures and shall not be independently enforceable from the debt.

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