HRS §490:9-325

When a new owner's loan loses priority to an earlier lender

Read the official text at capitol.hawaii.gov ↗

This section says that if you buy collateral that already has a security interest on it, and that interest was properly recorded and stays recorded, then your own security interest in that same collateral is lower in priority. This only applies in certain situations, like when your interest would otherwise win under specific rules.

borrowerscreditorsdebtors

The statute, as written — Priority of security interests in transferred collateral

A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.

(a) Except as otherwise provided in subsection (b), a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if: (1) The debtor acquired the collateral subject to the security interest created by the other person; (2) The security interest created by the other person was perfected when the debtor acquired the collateral; and (3) There is no period thereafter when the security interest is unperfected. (b) Subsection (a) subordinates a security interest only if the security interest: (1) Otherwise would have priority solely under section 490:9-322(a) or 490:9-324; or (2) Arose solely under section 490:2-711(3) or 490:2A-508(e).

Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§490:2-711 What a buyer can do when the seller fails to deliver

§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.