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MGA for Federally Authorized Surety Companies — Hawaii Practice

The Hawaii mechanic's lien release bond. Bonds off the lien.

Hawaii Haw. Rev. Stat. §507-45 provides the statutory mechanism for clearing a mechanic's lien from a parcel of real property: a lien release bond, in a penal sum equal to 150% of lien, substitutes alternate security for the lien itself. We write Hawaii lien release bonds on a same-day basis for property owners, general contractors, lenders, and any party with a recordable interest in the burdened property.

Bond Penalty
150% of lien
Multiplier Type
Statutory formula
Filing
Bureau of Conveyances
Turnaround
Same-day issuance

What a Hawaii lien release bond actually does.

A subcontractor, supplier, or design professional has recorded a mechanic's lien against a parcel of Hawaii real property. The lien clouds title and can delay or terminate a refinance, derail a sale, trigger covenants in a construction loan, or paralyze a project. Haw. Rev. Stat. §507-45 provides the immediate statutory remedy: a release bond that substitutes alternate security for the lien itself.

Hawaii uses a 150% multiplier under §507-45 with filing at the Bureau of Conveyances or the Assistant Registrar of the Land Court.

Once the bond is recorded with the bureau of conveyances, the lien is released from the property by operation of statute. The lien claimant's only recourse is now against the bond. Any civil action initiated to enforce the lien must be amended to substitute the bond as the subject of suit.

The rules we underwrite to.

Hawaii mechanic's lien practice is governed by the lien chapter of the state code. The release bond mechanism is codified at Haw. Rev. Stat. §507-45. Filing of the bond is with the bureau of conveyances; no judicial approval is required as long as the surety has a current certificate of authority and the bond is in the correct statutory form.

Controlling Authorities
Haw.
Haw. Rev. Stat. §507-45 — Hawaii mechanic's lien release bond — statutory framework and multiplier
Hawaii
Hawaii mechanic's lien chapter — Parent statute governing Hawaii mechanic's lien recording and enforcement
FAA
FAA Aircraft Registry — For liens recorded against aircraft, federal practice under 49 U.S.C. §44107 controls

How a Hawaii lien release bond gets issued.

Hawaii lien release bonds are written on standard application terms. Three documents start the file: the recorded lien itself (we need the recorded copy with the recorder's stamp), a description of the property and the underlying construction project, and a financial statement appropriate to the bond size.

For bonds under $250,000, the financial statement is typically a one-page personal financial statement from the bond principal. For larger bonds, business financials and project documentation are required. Bonds over $1 million are routinely underwritten and issued; for very large industrial or commercial projects we have written single bonds in the eight-figure range.

The bond is not typically collateralized for principals with conventional financial position. Strong indemnity from the property owner or principal contractor is the usual security. For non-standard files — credit-challenged principals, contested lien amounts, principals whose financials don't comfortably support the penal sum — collateral is available in cash, irrevocable letter of credit, or U.S. Treasury securities. We do not accept real estate as collateral.

Once issued, the bond is filed with the bureau of conveyances in the county or filing district where the lien is recorded — not with a court. The principal is required to notice the lienholder of the bond filing within whatever window Hawaii statute prescribes. We provide a notice-of-filing template at issuance.

Hawaii-specific questions.

What's the bond multiplier in Hawaii?
Per Haw. Rev. Stat. §507-45, the lien release bond must be written in a penal sum equal to 150% of lien. Hawaii uses a 150% multiplier under §507-45 with filing at the Bureau of Conveyances or the Assistant Registrar of the Land Court.
Who can post a Hawaii mechanic's lien release bond?
The property owner, the contractor or design professional named in the lien, or any party with an interest in the property — including mortgage lenders, deed-of-trust beneficiaries, escrow holders, title insurers, and purchasers. The lien claimant's adversary may bond off the lien if they prefer the bond posture.
Where is the bond filed in Hawaii?
With the bureau of conveyances in the county or filing district where the lien itself is recorded. The bond is not filed with a court (except where state-specific practice requires Superior Court or chancery court filing). Recording the bond releases the lien from the property by operation of statute.
Can I file the bond after the lien claimant has filed a foreclosure action?
In most Hawaii cases, yes — but only before final judgment of foreclosure. Once judgment is entered, the statutory remedy is no longer available; the only relief is to pay the judgment.
Does the bond need to be approved by a court before recording?
Generally no. The bond is recorded directly with the bureau of conveyances as long as the surety has a current Hawaii certificate of authority and the bond is in the correct statutory form. Hawaii-specific procedures may apply where the statute requires judicial approval; check with our underwriters at issuance.
What happens to a pending foreclosure action when the bond is recorded?
The action must be amended to substitute the bond for the lien as the subject of suit. The lien claimant's recovery is no longer secured by the real property; it is secured by the bond. Foreclosure proceedings against the property terminate; the action continues as a contract claim against the bond principal and surety.
How long does Hawaii lien release bond issuance take?
For qualified files with complete documentation, same-day issuance is standard. We deliver executed bonds in PDF for the principal to take to the bureau of conveyances the same business day.

Related mechanic's lien release practice.

In Hawaii
Other bonds in this state.
Hawaii Supersedeas Hawaii Probate
Neighboring states
Adjacent mechanic's lien release bonds.
California

Further reading on the Surety One blog

↗ suretyone.com/blog

Clearing a Hawaii lien?

Send the recorded lien and a description of the property. Our underwriters open the file and respond immediately, 7/52/365. Same-day issuance is standard.