Page 22 - Home Buyers and Sellers Guide - Hawaii

33 COVERED RISKS FOR THE HOMEOWNER’S POLICY

1. Someone else owns an interest in Your Title.
2. Someone else has a right affecting Your Title because of a lease,
contract, or option.
3. Someone else claims to have a right affecting Your Title because of
forgery or impersonation.
4. Someone else has an Easement on the Land.
5. Any of Covered Risks 1 through 4 occurring after the Date of Policy.
6. Someone else has a right to enforce a Covenant to limit Your use of the
Land.
7. Your Title is defective. Some examples of title defects are:
a. someone else’s failure to have authorized a transfer or conveyance
of Your Title.
b. a defective judicial or administrative proceeding.

c. a document, including an electronic document, on which Your Title is
based:
i. was signed using a falsified, expired, or otherwise invalid
power of attorney;
ii. was not properly authorized, executed, created, signed,
witnessed, sealed, acknowledged, notarized (including by
remote online notarization), or delivered; or

iii. was not properly filed, recorded, or indexed in the Public
Records.

d. the repudiation of an electronic signature by a person that executed
a document because the electronic signature on the document was
not valid under applicable electronic transactions law.
8. Someone else has a lien on Your Title. Some examples of liens are:
a. a lien of real estate taxes or assessments imposed on Your Title by a
governmental authority due or payable, but unpaid;
b. a Mortgage;
c. a judgment lien;

d. a State or federal tax lien;
e. a charge by a homeowner’s or condominium association; or
f. a statutory lien, attaching before or after the Date of Policy, for
service, labor, material, or equipment in connection with an
improvement or work related to the Land and furnished before the
Date of Policy.
9. Someone else has an encumbrance on Your Title.
10. Someone else claims to have a right affecting Your Title because of fraud,
duress, incompetency, or incapacity.
11. You do not have actual vehicular and pedestrian access to and from the
Land, based on a legal right.
12. You are forced to remove or remedy a violation, existing at the Date of
Policy, of any Covenant, even if the Covenant is excepted in Schedule B.

19