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R EAL P ROPERTY T AXES §19-37 <br />sworn notice setting forth the amount claimed, a brief description of the land affected by <br />tax key or otherwise, sufficient to identify it, the tax year or years, and the name of the <br />cotenant upon whose interest such lien is asserted. When a notice of such tax lien is <br />recorded by a cotenant, the registrar shall forthwith cause the same to be indexed in the <br />general indexes of the bureau of conveyances. In case the land affected is registered in <br />the land court, the notice shall also contain a reference to the number of the certificate <br />of title of such land and shall be filed and registered in the office of the assistant <br />registrar of the land court, and the registrar, in the registrar’s capacity as assistant <br />registrar of the land court, shall make a notation of the filing thereof on each land court <br />certificate of title so specified. <br />The cotenant’s lien shall have the same priority as the lien or liens of the <br />government for the taxes paid by the cotenant, and may be enforced by an action in the <br />nature of suit in equity. The lien shall continue for three years after recording or <br />registering, or until termination of the proceedings for enforcement thereof if such <br />proceedings are begun, and notice of the tenancy thereof is recorded or filed and <br />registered as provided by law, within the period. <br />The director or the director’s subordinate, in case of a government lien, and the <br />creditor cotenant, in a case of a cotenant’s lien, shall, at the expense of the debtor, upon <br />payment of the amount of the lien, execute and deliver to the debtor a sworn <br />satisfaction thereof, including a reference to the name of the person assessed or <br />cotenant affected as shown in the original notice, the date of filing of the original notice, <br />a description of the land involved, and the number of the certificate of title of such land <br />if registered in the land court, which, when recorded in the bureau of conveyances or <br />filed and registered in the office of the assistant registrar of the land court, shall, in the <br />case of a cotenant’s lien, which contains the reference to the book and page of the <br />original lien, be entered in the general indexes of the bureau of conveyances, and if a <br />notation of the original notice was made on any land court certificate of title the filing of <br />such satisfaction shall also be noted on the certificate. <br />This section as to cotenancy shall apply, as well, in any case of ownership by more <br />than one assessable person. <br />Upon enforcement or foreclosure by the government in any manner whatsoever, of <br />any such real property tax lien, all taxes of whatsoever nature and however accruing <br />due at the time of the foreclosure sale from the taxpayer against whose property such <br />tax lien is so enforced or foreclosed shall be satisfied as far as possible out of the <br />proceeds of the sale remaining after payment of (1) the costs and expenses of the <br />enforcement and foreclosure including a title search, if any, (2) the amount of subsisting <br />real property tax liens, and (3) the amount of any recorded liens against the property, in <br />the order of their priority, provided a claim for the surplus has been filed with the <br />director within one year from the date of the sale. <br />The liens may be enforced by action of the director in the Circuit Court of the Third <br />Circuit, and the proceedings had before the circuit court shall be conducted in the same <br />manner and form as ordinary foreclosure proceedings as provided for in chapter 634, <br />Hawai‘i Revised Statutes. If the owners or claimants of the property against which a <br />lien is sought to be foreclosed are at the time out of the County or cannot be served <br /> <br />19-19 <br /> <br />