From the Desk of Harold Chu

These are difficult times for people due to tighter credit, the unstable economy, and the uncertain stock market.

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Notice

During December and January, our offices will be closed on the following dates:

►    Wednesday, December 24, 2008
        (from 12:00 noon)

►    Thursday, December 25, 2008
        (closed all day)

►    Friday, December 26, 2008
       (closed all day)

►    Wednesday, December 31, 2008
       (from 12:00 noon)

►    Thursday, January 1, 2009
       (closed all day)

►    Friday, January 2, 2009 
       (closed all day)

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Reasons to Not Use an Unlicensed Contractor

1.  You get what you pay for -- the work of an unlicensed contractor comes with no regulatory oversight.

2.  There's often no way to check on the worker's credentials, registered complaints or quality of workmanship.

3.  People tend to hire an unlicensed contractor to save a few bucks.  Unfortunately, hiring a casual laborer can cost homeowners hundreds of times the money they save.

4.  Without educational and sometimes in-the-field experience requirements typically required by law for a license, you could get stuck with a builder lacking current building code knowledge. Building codes are designed to keep the occupants safe and healthy.

5.  It's usually more expensive to fix work done improperly than to pay to have it done right the first time.

6.  Unlicensed contractors often don’t have worker’s compensation insurance.  Pray that no one gets hurt while working for you.

Here are some pointers for finding good help.

■  Get at least three referrals from family, friends, co-workers and others you trust who were recently satisfied by work performed similar to work you need completed.

■  Choose a specialist in the work you want completed -- a carpenter for wood work; an electrician for low-voltage lighting; a mason to build a fireplace.

■ Trade group affiliation doesn't guarantee quality performance, but it can be considered as a positive factor.

■  Ask the contractor for referrals from customers, customers from a year ago and customers from three or more years ago to determine how the work holds up.

■  Check the company's trade group status and contact the Better Business Bureau to determine if any complaints have been filed, how they were resolved and if they are still open.

■  Accept only written estimates and contracts from contractors.

■   Be sure the contract is complete, clearly indicating the steps of the job, supplies and materials, payment schedule and time line for completion. Don't sign a contract with blank spaces. Don't sign an incomplete contract. Deposit 30 to 50 percent of the total price to initiate the job and to cover most of the contractor's materials expenses. Never pay the balance until the job is completed to your satisfaction.

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What is the difference between the Land Court System and Regular System at the Bureau of Conveyances?

Answer:

There are two systems of recording in the State of Hawaii. Regular System basically serves to give "notice" that something is on record. Documents recorded in the Regular System are numbered. Prior to 1990, documents were identified by a book and page reference, i.e. Book 116, Page 226. Since 1990, documents recorded are identified by the year followed by the sequential number of recording, i.e. 90-0006789.

Because of confusion determining land ownership, similar names, etc., Land Court was established in 1903 and functions as a registration system for land ownership. Certificate of titles are issued to owners of land registered in Land Court and documents are identified currently by a seven digit number. Number to the Certificate of Title and document run in sequence from the first issuance in 1903. Unlike Regular System property, ownership in Land Court is guaranteed by the State of Hawaii. Those that place their property in Land Court had to go through a lengthy and expensive process of a judicial review of the survey of the parcel, title abstract and determination of ownership. With the ability to obtain title insurance on land ownership, the need for judicial determination of ownership has decreased tremendously. Activities of Land Court are governed by Chapter 501 of the Hawaii Revised Statutes.

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Abandoned Possessions

Q.  How may the landlord dispose of a tenant’s abandoned possessions?

A.  The Hawaii Residential Landlord Tenant Code provides the following:

The landlord may sell the abandoned possessions in a commercially responsible manner or store the possessions at the tenant’s expense, or donate the possessions to a charitable organization.  Before selling or donating the possessions, the landlord must mail a notice of his intent to sell or donate the possessions to the tenant at the tenant’s forwarding or last known address.  In addition, after the 15-day notification before selling the possessions, the landlord must advertise the sale in a daily paper of general circulation for at least three consecutive days.

The proceeds of the sale of possession shall, after deduction of accrued rent and costs of storage and sale, including the cost of advertising, be held in trust for the tenant for 30 days, after which time the proceeds shall be forfeited to the landlord.

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Flawed New Law Regarding Distressed Property Consultants

As we reported in our last newsletter, the State of Hawaii passed a law to regulate service providers who represented consumers facing property foreclosures.  This law went into effect on June 3, 2008.  This law was intended to protect Hawaii consumers from persons who prey on homeowners facing property foreclosures, liens or encumbrances.

Unfortunately, the law was not well written.  Service providers feel the law unintentionally and unfairly targets them.  The unintended effect of the new law is that it may prevent someone from helping an individual who is in need.  Hopefully, the next legislative session will make appropriate adjustments in the law.

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How do I obtain a copy of a Deed?

As we reported in our last newsletter, the State of Hawaii passed a law to regulate service providers who represented consumers facing property foreclosures.  This law went into effect on June 3, 2008.  This law was intended to protect Hawaii consumers from persons who prey on homeowners facing property foreclosures, liens or encumbrances.

Unfortunately, the law was not well written.  Service providers feel the law unintentionally and unfairly targets them.  The unintended effect of the new law is that it may prevent someone from helping an individual who is in need.  Hopefully, the next legislative session will make appropriate adjustments in the law.

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Humor

Dear Jesus

Little Johnny went to his mother demanding a new bicycle.  His mother decided that he should take a look at himself and the way he acts. She said, "Well Johnny, it isn't Christmas and we don't have the money to just go out and buy you anything you want. So why don't you write a letter to Jesus and pray for one instead."

After his temper tantrum his mother sent him to his room. He finally sat down to write a letter to Jesus.

Dear Jesus,
I've been a good boy this year and would appreciate a new bicycle.
Your Friend,
Johnny

Now Johnny knew that Jesus really knew what kind of boy he was (a brat), so he ripped up the letter and decided to give it another try.

Dear Jesus,
I've been an OK boy this year and I want a new bicycle. 
Yours truly,
Johnny

Well, Johnny knew this wasn't totally honest so he tore it up and tried again.

Dear Jesus,
I've thought about being a good boy this year and can I have a bicycle?
Johnny

Well Johnny looked deep down in his heart, which by the way was what his mother really wanted. He knew he had been terrible and was deserving of almost nothing. He crumpled up the letter, threw it in the trash can and went running out of the house. He aimlessly wandered about depressed because of the way he treated his parents and really considered his actions. He finally found himself in front of a Catholic church. Johnny went inside and knelt down, looking around, not knowing what he should really do.

Johnny finally got up and began to walk out the door and was looking at all the statues. All of a sudden he grabbed a statue of the Virgin Mary and ran out the door. He went home, hit the statue under his bed and wrote this letter: Jesus, I've got your mama. If you ever want to see her again, give me a bike.
You know who

Why the Little Angel is at the top of the Christmas Tree ...

On Christmas Eve Santa Claus was getting ready for his annual trip. As he pulled his favorite pair of red pants on, they ripped. So, he had to take them off and put on another pair, which was a bit too tight. He then went to check on the rest of the preparations. The elves were on strike. The reindeer had shin-splints. At this point, Santa was BUMMED. He went into the kitchen to take a calming drink, and the bottle was EMPTY. Now he was really mad. All of sudden, there was a knock at the door. Santa, in his angry state, ignored it. There was another knock. Santa was in no mood for all of this. When the knock came again, Santa--filled with rage--threw open the door. Standing there was a little angel who said, "Hi Santa! What do you want me to do with this Christmas Tree?"