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HRS §490:9-317Who gets paid first when there is a security interest
This section explains who can take property free of a security interest or agricultural lien. Generally, a buyer or lessee who pays for and receives the property without knowing about the lien, before it is perfected, can keep it. But a lien creditor who acts before perfection may have priority.
buyerscreditorsdebtors
The statute, as written — Interests that take priority over or take free of security interest or agricultural lien
(a) A security interest or agricultural lien shall be subordinate to the rights of: (1) A person entitled to priority under section 490:9-322; and (2) Except as otherwise provided in subsection (e), a person that becomes a lien creditor before the earlier of the time: (A) The security interest or agricultural lien is perfected; or (B) One of the conditions specified in section 490:9-203(b)(3) is met and a financing statement covering the collateral is filed. (b) Except as otherwise provided in subsection (e), a buyer, other than a secured party, of goods, instruments, tangible documents, or certificated security takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected. (c) Except as otherwise provided in subsection (e), a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected. (d) Subject to subsections (f) through (i), a licensee of a general intangible or a buyer, other than a secured party, of collateral other than electronic money, goods, instruments, tangible documents, or a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected. (e) Except as otherwise provided in sections 490:9-320 and 490:9-321, if a person files a financing statement with respect to a purchase-money security interest before or within twenty days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee, or lien creditor which arise between the time the security interest attaches and the time of filing. (f) A buyer, other than a secured party, of chattel paper takes free of a security interest if, without knowledge of the security interest and before it is perfected, the buyer gives value and: (1) Receives delivery of each authoritative tangible copy of the record evidencing the chattel paper; and (2) If each authoritative electronic copy of the record evidencing the chattel paper may be subjected to control under section 490:9-105, obtains control of each authoritative electronic copy. (g) A buyer of an electronic document takes free of a security interest if, without knowledge of the security interest and before it is perfected, the buyer gives value and, if each authoritative electronic copy of the document may be subjected to control under section 490:7-106, obtains control of each authoritative electronic copy. (h) A buyer of a controllable electronic record takes free of a security interest if, without knowledge of the security interest and before it is perfected, the buyer gives value and obtains control of the controllable electronic record. (i) A buyer, other than a secured party, of a controllable account or a controllable payment intangible takes free of a security interest if, without knowledge of the security interest and before it is perfected, the buyer gives value and obtains control of the controllable account or controllable payment intangible.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026 Sections this one refers to
§490:7-106 When someone is considered to control an electronic document of title
§490:9-105 When a buyer controls an electronic copy of chattel paper
§490:9-203 When a security interest becomes valid and attached
§490:9-320 When buyers get goods free of a lender's claim
§490:9-322 Who gets paid first when multiple debts use the same property
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.