Escrow & Title

What is 'priority of liens' in Hawaii real estate and what is the general rule?

AA. All liens are equal in Hawaii; there is no priority system
BB. 'First in time, first in right'—earlier recorded liens generally have priority over later-recorded liens; property taxes and special assessments may be given priority by statute✓ Correct
CC. Mortgages always have priority over all other liens in Hawaii
DD. The largest lien always has priority over smaller liens in Hawaii

Explanation

Lien priority follows the 'first in time, first in right' recording rule in Hawaii—liens recorded earlier generally have priority over later liens. However, statutory exceptions exist: property taxes and special assessments (like HOA super-liens) may have statutory priority regardless of recording order.

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