← Back to search

HRS §651C-3

What counts as giving value in a transfer

This section explains when a transfer or obligation is made for value. It says value is given when property is exchanged or a debt is paid or secured. It also covers when a foreclosure sale gives reasonably equivalent value and when a transfer is considered made for present value.

buyerscourtscreditorsdebtorsmortgage lenders

The statute, as written — Value

(a) Value is given for a transfer or an obligation if in exchange for the transfer or obligation property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person. (b) For the purposes of section 651C-4(a)(2) and section 651C-5, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement. (c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§651C-4 When a transfer of property is considered fraud against creditors

§651C-5 When transfers to old creditors are fraudulent

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