HRS §490:9-602

When you cannot give up your rights under secured debt rules

This section says that a debtor or obligor cannot give up or change certain rights and duties that the law gives them in a secured transaction. These rights are listed in other sections of the law. There is one exception, which is a separate section about allowed waivers.

debtors

The statute, as written — Waiver and variance of rights and duties

Except as otherwise provided in section 490:9-624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections: (1) Section 490:9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party; (2) Section 490:9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account; (3) Section 490:9-607(c), which deals with collection and enforcement of collateral; (4) Sections 490:9-608(a) and 490:9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition; (5) Sections 490:9-608(a) and 490:9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral; (6) Section 490:9-609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace; (7) Sections 490:9-610(b), 490:9-611, 490:9-613, and 490:9-614, which deal with disposition of collateral; (8) Section 490:9-615(f), which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor; (9) Section 490:9-616, which deals with explanation of the calculation of a surplus or deficiency; (10) Sections 490:9-620, 490:9-621, and 490:9-622, which deal with acceptance of collateral in satisfaction of obligation; (11) Section 490:9-623, which deals with redemption of collateral; (12) Section 490:9-624, which deals with permissible waivers; and (13) Sections 490:9-625 and 490:9-626, which deal with the secured party's liability for failure to comply with this article.

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

Sections this one refers to

§490:9-207 Rights and duties when a lender holds your collateral

§490:9-210 Asking your lender for account or collateral information

§490:9-607 How a secured party can collect what is owed after default

§490:9-608 How money from collecting collateral is paid out

§490:9-609 Lender's right to take collateral after default

§490:9-610 What a lender can do with collateral after you default

§490:9-615 How sale money is divided and who owes the rest

§490:9-616 How the lender must explain a surplus or deficiency

§490:9-620 When a lender can keep collateral for the debt

§490:9-623 Right to redeem collateral

§490:9-624 When you can give up rights after default

§490:9-625 What happens when a secured party breaks the rules

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.