# Hawaii Land Court - RIP



## Fredm (Jul 2, 2011)

Effective July 1, 2011 all timeshare deeds filed with the Land Court must be de-registered with Hawaii Land Court and re-registered with the Hawaii Bureau of Conveyances, prior to sale.

The pertinent notice can be found here.

Implications:

Cost is ~$75. 
Expect closing to be delayed by 2-3 weeks.

Not all timeshares are now registered with the Land Court. But, Marriott, Starwood, and many others are.


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## slip (Jul 2, 2011)

*De-registering*

Does anyone know the benefit to de-registering and re-registering the deed? Or
is it best to just leave it as is?


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## Fredm (Jul 2, 2011)

slip said:


> Does anyone know the benefit to de-registering and re-registering the deed? Or
> is it best to just leave it as is?



The deed must be re-registered before it can be sold.

You can wait until you wish to sell it, but it will add a couple of weeks (and perhaps some confusion) to the closing.


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## ttt (Jul 2, 2011)

I'm wondering if anything needs to be done with property recorded under the dual system where the deed has been recorded in both land court and regular system.


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## Fredm (Jul 2, 2011)

ttt said:


> I'm wondering if anything needs to be done with property recorded under the dual system where the deed has been recorded in both land court and regular system.



Yes. De-registering with Land Court is mandatory. They want the timeshares off the system. 
You may not have to re-register under the regular system, but not sure.


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## Liz Wolf-Spada (Jul 2, 2011)

We own at Paniolo Green, do you think they will contact owners with directions to do this if necessary?
Thanks,
Liz


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## Hawaii123 (Jul 5, 2011)

*No changes to regular system property*

Paniolo Greens and other Regular system properties will be left alone.  Only Land Court and "Double System" (recorded in both Land Court & Regular systems) properties are affected by this new law.  The Deregistration form is filled out & sent along with the new deed to the Bureau of Conveyances when the deed is to be recorded.


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## slip (Jul 5, 2011)

How do you know if your deed is regular system or Land Court?


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## Fredm (Jul 6, 2011)

slip said:


> How do you know if your deed is regular system or Land Court?



Look at the top of the Interval Conveyance Deed. It will say which court (or both) it was filed with.


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## Hawaii123 (Jul 6, 2011)

slip said:


> How do you know if your deed is regular system or Land Court?



Pono Kai is regular system. :whoopie:


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## slip (Jul 6, 2011)

Thank You!! One less thing to worry about.


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## Kona Lovers (Jul 6, 2011)

Just checked on my deeds, and they're Regular System.


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## Fredm (Jul 9, 2011)

ttt said:


> I'm wondering if anything needs to be done with property recorded under the dual system where the deed has been recorded in both land court and regular system.



Having just gone through with a transfer of a dual system deed, the Bureau of Conveyances will re-register the deleted Land Court deed with the Regular System as part of the filing.


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## Cathyb (Jul 9, 2011)

*Pono Kai question*



Hawaii123 said:


> Pono Kai is regular system. :whoopie:



Pono Kai is divided over several ownerships/managements -- would that change its status depending on which one you are in?  We are owners at the one Bluegreen manages. 

Our Deed is over 25 years old, would that still have 'current' information as to if it is regular system?

We are planning to disperse our Deed next year so any and all info on this is really welcome including a website or phone number if I have to research it.


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## Kokonut (Jul 9, 2011)

*Title Insurance Required for Voluntary Deregistration*

Note that there is another implication: proof of title insurance is required when filing a request for voluntary deregistration. Many owners do not have an existing title insurance policy, such as in the case of the purchase of an inexpensive resale. It has been a popular recommendation on TUG that title insurance is not necessary especially for a cheap resale.



> *From the Bureau of Conveyance Deregistration Memorandum, June 2011*
> 
> Effective July 1, 2011, owners of a fee interest in land registered in Land Court will be allowed to
> request deregistration of their land. This is a voluntary action by the owners. The process is as
> ...


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## Fredm (Jul 9, 2011)

Kokonut said:


> Note that there is another implication: proof of title insurance is required when filing a request for voluntary deregistration. Many owners do not have an existing title insurance policy, such as in the case of the purchase of an inexpensive resale. It has been a popular recommendation on TUG that title insurance is not necessary especially for a cheap resale.



Not so. Re-read the notice. There are two parts to the notice. One deals with timeshares, the other deals with land. The portion of the notice you are quoting refers to *land* (which is a voluntary de-registration).
Timeshares are a mandatory de-registration.


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## Kokonut (Jul 9, 2011)

Fredm said:


> Not so. Re-read the notice. There are two parts to the notice. One deals with timeshares, the other deals with land. The portion of the notice you are quoting refers to *land* (which is a voluntary de-registration).
> Timeshares are a mandatory de-registration.



Thanks for clarifying, Fred!


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## Hawaii123 (Jul 11, 2011)

*Regular System*



Cathyb said:


> Pono Kai is divided over several ownerships/managements -- would that change its status depending on which one you are in?  We are owners at the one Bluegreen manages.
> 
> Our Deed is over 25 years old, would that still have 'current' information as to if it is regular system?
> 
> We are planning to disperse our Deed next year so any and all info on this is really welcome including a website or phone number if I have to research it.



It is was and ever will be Regular System.  Management companies don't make a bit of difference in this regard.


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## Cathyb (Jul 11, 2011)

*Hawaii123*



Hawaii123 said:


> It is was and ever will be Regular System.  Management companies don't make a bit of difference in this regard.



Mahalo!  Great news!:whoopie:


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