Natori Law Office LLLC

Products And Services

• PURCHASE AND SALE OF HAWAII REAL ESTATE

  HAWAII REAL ESTATE ATTORNEYS We have extensive experience in structuring and negotiating real estate purchase and sale transactions, including major office buildings, industrial, residential, retail and commercial properties. We represent both purchasers and sellers of Hawaii residential real estate. We assist our selling clients with proper disclosures, as well as drafting the Hawaii Purchase Contract if a Hawaii real estate agent is not involved. By using attorneys you can save three percent of the sales price that would have gone to a real estate agent. Here is a description on our services: For Sale By Owner and Mandatory Seller Disclosure Statement for Hawaii Residential Real Property. Are you a real estate buyer who wants to obtain a three percent credit from the seller by not using a real estate agent? We conduct due diligence on the Hawaii residential property, review condominium documents and title reports. Our attorneys also assist with drafting and negotiating the Hawaii Purchase Contract (see Why Your Surveying Paragraph in a Hawaii Purchase Contract May be Inadequate When Purchasing Hawaii Residential Real Estate) as well as working with escrow to obtain a proper title insurance policy. We will also help you understand issues that may arise such as Purchasing from a Foreclosure Lender a Hawaii Condominium that has Delinquent Hawaii Homeowner Association Common Area Fees. Given the difficult economic conditions and lack of credit, we have been increasingly asked to prepare Hawaii Agreements of Sale. A purchaser or a seller involved in Agreements of Sale should consult an attorney to truly understand the risks and rewards of entering into such a transaction. Here is a summary of some Issues under a Hawaii Agreement of Sale. HAWAII ATTORNEYS SERVING COMMERCIAL PROPERTY BUYERS AND SELLERS For commercial property, we assist purchasers and sellers by negotiating a Hawaii Purchase and Sale Agreement (see Should a Hawaii Purchase Contract (DROA) Be Used in Purchasing Hawaii Commercial Property? and Why a Purchaser of Hawaii Real Estate May Want to Delete an Arbitration Paragraph), preparing closing documents such as a Bill of Sale, Warranty Deed, Assignment of Tenant Leases, Tenant Estoppel Certificates, and Escrow Instructions. It’s important to note that the representations and warranties within the Hawaii Purchase and Sale Agreement are the important to protecting a purchaser, but cannot replace a thorough due diligence review which may reveal issues requiring a downward sales price adjustment. Contact us now for a legal consultation on your Hawaii real estate purchase or sale. Find out what we can do to help you now.

  Link: PURCHASE AND SALE OF HAWAII REAL ESTATE

• HAWAII AGREEMENT OF SALE

  In your traditional Hawaii real estate purchase, third party lenders (i.e. financial institutions) are involved and a mortgage is placed on the property until the loan is paid in full. However, with the recent mortgage credit crunch in Hawaii, an “Agreement of Sale” has become more popular. An Agreement of Sale is basically a method of Seller-provided financing. In other states, a Hawaii Agreement of Sale is known as a “Contract for Deed”, “Installment Sales Agreement” and “Land Contract”. A Hawaii Agreement of Sale is a purchase contract and, if properly recorded, a security device between a Seller and Buyer of real property in which the Seller provides financing to buy the property for an agreed-upon purchase price and the Buyer repays the loan in installments. Under a Hawaii Agreement of Sale, the Seller retains the legal title to the property, while permitting the Buyer to take possession of it for most purposes (along with its risks and liabilities) other than legal ownership. When the full purchase price has been paid including any interest, the Seller is obligated to convey legal title to the property to the Buyer. WHAT YOU SHOULD CONSIDER BEFORE ENTERING AN AGREEMENT OF SALE IN HAWAII When entering into a Hawaii Agreement of Sale, there are some general concerns to consider: Will the Hawaii Agreement of Sale be recorded? – Recordation may be desired by Buyer to protect the Buyer’s priority interest against future liens on the property. Will a Holding Escrow be used so that the Seller’s pre-signed Satisfaction of Agreement of Sale is held by a neutral third-party who can then record it if all conditions of the Hawaii Agreement of Sale have been complied with? Will a Collection Agency be used to collect the Buyer’s installment payments under the Agreement of Sale and to disburse the payments for such items as the carrying costs associated with the property and the payments under the Seller’s mortgage(s), if any Under Hawaii case law, even if Buyer defaults under the Agreement of Sale, cancellation may not be a possible remedy for Seller if Buyer has substantial equity in the property due to past payments. We can discuss this further if we represent you. Will due diligence be conducted by Buyer on the property as you would with any other Hawaii real estate purchase? Regardless of whether you are a Buyer or Seller under a Hawaii Agreement of Sale, it is highly recommended that you seek consultation with a Hawaii attorney who is experienced in handling such concerns. Such a Hawaii attorney can draft a Hawaii Agreement of Sale that is tailored to your unique situation and needs. Please note that there are many additional issues that are common with Hawaii real estate purchases. Contact us today to schedule a consultation on your Hawaii Agreement of Sale issues. MORE ARTICLES ON HAWAII REAL ESTATE LAW Duties and Responsibilities of the Selling Agent Regarding the Hawaii Seller’s Real Property Disclosure Statement for Hawaii Residential Real Estate Hawaii Agreement of Sale Hawaii “For Sale by Owner” Hawaii Commercial Lease Interest Rate and Usury Hawaii Commercial Leases: Issues You Must Consider Hawaii Contractors Disclosure Requirements to Hawaii Homeowners Hawaii Land Court Petitions Explained Hawaii Regular System and Land Court Recording System Hiring a Hawaii General Contractor Landlords Who Reside Outside of Hawaii Are Required to Have Hawaii Property Managers Mandatory Seller Disclosures for Hawaii Residential Real Estate Probate of Hawaii Real Estate Owned by Japanese Citizens Should a Hawaii Purchase Contract (DROA) Be Used in Purchasing Hawaii Commercial Property? Terminating Co-Ownership of Hawaii Real Estate Property The Process of Claiming and Attaching a Mechanic’s or Materialman’s Lien in Hawaii The Role of Hawaii Attorneys in Purchasing Hawaii Residential Real Estate The Security Deposit Under Hawaii’s Residential Landlord-Tenant Code Understanding the “As Is” Addendum to the Hawaii Association of Realtor’s Standard Form Purchase Contract Using a Letter of Intent in a Hawaii Real Estate Sale or Purchase What Is the Hawaii Dual Agency Disclosure Form? Why a Landlord Must Tailor the Standard Hawaii Rental Agreement Why a Purchaser of Hawaii Real Estate May Want to Delete an Arbitration Paragraph Why Hawaii Commercial Leases for Exactly a Five Year Term Should Be Avoided Why Your Surveying Paragraph in a Hawaii Purchase Contract May be Inadequate When Purchasing Hawaii Residential Real Estate

  Link: HAWAII AGREEMENT OF SALE

• HAWAII COMMERCIAL PROPERTY ATTORNEY

  PURCHASE AND SALE OF COMMERCIAL REAL ESTATE IN HAWAII We assist with the purchase of Hawaii commercial real estate by negotiating the Hawaii Purchase and Sale Agreement, conducting due diligence, and preparing closing documents such as a Hawaii Bill of Sale, Hawaii Warranty Deed, Hawaii Assignment of Tenant Leases, Tenant Estoppel Certificates, and Hawaii Escrow Instructions. The representations and warranties within the Hawaii Purchase and Sale Agreement are the keys to protecting a Hawaii purchaser, but cannot replace a thorough due diligence review. HAWAII COMMERCIAL REAL ESTATE LEASING On behalf of Hawaii landlords, we prepare 20+ page tenant commercial leases for office space as well as personal guaranties for the individual owners of Hawaii business entities. We also review such Hawaii commercial leases for prospective tenants, explaining the questionable lease provisions, and carving out language we feel goes beyond industry standards during negotiations with landlords. It still amazes us that most tenants do not hire a Hawaii attorney to delete such offensive language, and only learn about the adverse consequences when the landlord defaults them. As we tell our clients, we can’t prevent them from defaulting under a lease, but we can help them understand what risks are involved unless the lease is modified prior to signing. Ultimately it is a business decision for the tenant to make as to whether or not the tenant really wants the space. Given the poor state of the Hawaii economy, we have been frequently asked to help a tenant get out of their lease. This is obviously much harder to do, but we have been successful in analyzing the risks and minimizing them for the client. We have also been able to negotiate termination of leases and personal guaranties with such entities as large as General Growth Properties. PRIMARY SIDEBAR CONTACT US NOW TELL US ABOUT YOUR LEGAL ISSUE To set up an appointment, please complete the inquiry form with your legal issue and contact information. We’ll respond to you within a day about whether or not we’re the right Hawaii attorneys for you. Besides whether we can handle your matter, we also need to determine if we’re a good fit for each other. We need to feel comfortable with you as a client, but you also need to feel comfortable with us as your Hawaii lawyer. Please note that we do not represent tenants in landlord/tenant disputes or borrowers in foreclosure proceedings.

  Link: HAWAII COMMERCIAL PROPERTY ATTORNEY

• HAWAII ENCROACHMENT AGREEMENTS

  We’re frequently asked to prepare Hawaii encroachment agreements. Once we are provided the surveyor’s report which identifies the encroachments, we can prepare the Hawaii encroachment agreement. We are also asked to review Hawaii encroachment agreements and explain the legal ramifications to Hawaii residents. WHAT THEY ARE AND WHAT YOU NEED TO KNOW ABOUT THEM In Hawaii an encroachment occurs when there is an unauthorized intrusion of a fence, wall, or cement from one property into another separately owned real estate. Encroachments happen because back in the old day’s people just eyeballed the property lines. With today’s modern technology such intrusions are commonly found prior to a sale of real estate. Purchase Contracts generally obligate surveys be done and paid for by seller prior to closing, and most lenders require such surveys. If any encroachments are found the selling party is normally required to obtain an “encroachment agreement” with the neighboring landowner. Due to the numerous encroachments that were discovered, the Hawaii legislature made it so that certain “de minimis” discrepancies are not legally considered encroachments and so encroachment agreements are not necessary. For encroachments that exceed the “de minimis” standards the buyer and their lender will require encroachment agreements from the seller and the neighboring landowner. The seller of the real estate must then contact the neighboring landowner and see if the neighboring landowner will agree to sign an encroachment agreement. Such a document identifies the landowners, attaches the survey and identifies the specific encroachment. The parties then agree that the encroachment may remain in place as long as the party that is encroaching is responsible for maintenance, does not make a claim to the neighboring lot, and agrees to rebuild on their own lot if the structure is substantially damaged or destroyed. The document is notarized and then recorded against both properties and binds their heirs, devisees, personal representatives and assigns. As a result, when the buyer sells the property in the future this issue will already have been dealt with and should not pop up later on. Thus, there is good reason to remain neighborly with adjoining landowners. For a lot of people bad relations with their neighbors leads to a refusal by the neighbor to sign an encroachment agreement. A corollary of this is some grandparents may want to deal with encroachments now, prior to transferring their family property to their children and grandchildren, especially if the family property has not changed hands in over 30 years and so a survey was never done on the property. When you gift Hawaii real estate normally surveys are not conducted and so you are just passing along the problem to the next generation to deal with when the grandparents are in the best position to obtain the encroachment and can identify who built what. Contact us today to find out how we can help you get matters settled quickly and firmly.

  Link: HAWAII ENCROACHMENT AGREEMENTS

• HAWAII EVICTION LAW (SUMMARY POSSESSION)

  ATTORNEYS HANDLING EVICTION PROCEEDINGS FOR HAWAII LANDLORDS If a Hawaii residential or commercial tenant defaults under the Hawaii Rental Agreement or Hawaii Lease, or fails to timely pay his or her rent, we can begin Hawaii eviction activity, leading to the summary possession of the Hawaii residence or commercial space. In addition we’ll pursue debt collection activity for you against the defaulting tenant. We also advise on ways to avoid such action as many times something short of court action can help the client obtain their objectives but without the court costs. HAWAII ATTORNEYS PROTECTING YOUR INTERESTS IN EVICTION Hire us from the start so that the eviction is done right. Too often we’re brought into an eviction when the landlord tried to handle the problem on their own, and as a result did several things that were against his or her best interest. For example, landlords often times give the tenant too much time to cure a default, especially for non-payment of rent.You can avoid those costly mistakes. Contact us today for a consultation on what we can do to handle your eviction proceedings in Hawaii legally and smoothly.

  Link: HAWAII EVICTION LAW (SUMMARY POSSESSION)

• HAWAII “FOR SALE BY OWNER” ATTORNEY

  For a Hawaii real estate owner, if you plan on selling your residence you may want to: Hire a Hawaii licensed real estate agent to sell your house (and pay roughly a six percent commission split between seller’s broker and buyer’s broker); or Sell the house on your own (and save three percent if you just pay for buyer’s broker commission, or six percent on commissions if you refuse to pay for buyer’s broker commission). This is commonly known as “For Sale by Owner.” Some Hawaii realtors actually allow such sellers to list the property on the MLS network which can increase the number of potential purchasers for your property. ATTORNEY ADVANTAGES FOR HAWAII REAL ESTATE SELLERS From a seller’s perspective, if you have found a legitimate buyer for your Hawaii real estate on your own, you can either: Hire me to document the transaction as a realtor would, but not have to pay me any commission. You would just pay me for my legal advice on an hourly rate. The less hand-holding you need the more you save. You receive legal advice AND documentation from me; or Hire a Hawaii real estate broker and possibly pay a 3% commission. However, if you used a broker, you would only receive the paperwork for the three percent commission. You will not receive any legal advice. The standard Hawaii realtor’s Purchase Contract specifically provides that your real estate agent is not providing you with legal advice, and you should seek legal counsel. Thus, you are being encouraged to hire an attorney too! Once I have provided legal advice and assisted in documenting the transaction, escrow would be utilized (just as it would if a Hawaii real estate agent were representing the seller) and the rest of the process is basically when the purchaser conducts its due diligence on the Hawaii real estate. Hiring a Hawaii realtor is especially inefficient when the sale is between family members, and both sides are using a family friend to be the dual agency broker. That “family friend” may receive a six percent (6%) commission for processing paperwork, even though as a dual agent they have probably utilized the standard “Dual Agency” disclosure which provides that he/she cannot really take sides. Talk to us if you are selling, want legal assistance and documentation, and do not want to pay the 3% or 6% commission for just the paperwork. Contact us today about the sale of your Hawaii real estate. Learn how we can help you and even save you some money.

  Link: HAWAII “FOR SALE BY OWNER” ATTORNEY

• HAWAII LANDLORD ATTORNEY

  WE REPRESENT LANDLORDS We prepare Hawaii Rental Agreements for landlords, and deal with issues such as the timely return of their security deposit. A carefully drafted Hawaii Rental Agreement is the key to being able to control the actions of a Hawaii tenant. If a tenant fails to obey the Hawaii Rental Agreement or fails to timely pay his or her rent, we can begin Hawaii eviction activity, leading to the summary possession of the Hawaii residence and debt collection activity against the defaulting tenant. Contact us today about your eviction needs so you’re legally protected and using all of your landlord rights.

  Link: HAWAII LANDLORD ATTORNEY

• HAWAII REALTORS ATTORNEY

  ATTORNEYS FOR HAWAII REAL ESTATE BROKERS AND REALTORS HONOLULU LAWYERS OFFERING SOUND ADVICE AND GUIDANCE As your Hawaii attorney, we can provide sound guidance and legal advice for your Hawaii real estate business. We have counseled Hawaii realtors and brokers like you in their practices, including in: Formation of your Hawaii real estate limited liability company (LLC). Read about Forming a Hawaii Business , Why You Need a Hawaii Operating Agreement for Your Hawaii Limited Liability Company , and How You Acquire an Existing Hawaii Business. Advice on real property disclosures. Read about Duties Owed By a Hawaii Agent to its Principal. Advice on contractual issues for your clients. Read about our thoughts on Why the Hawaii Purchase Contract Contains Provisions that are Inappropriate when Purchasing Hawaii Commercial Property. Understanding documents revealed during a title search. Our legal services can even extend to advising the buyers themselves. We’ve often been asked to guide affluent purchasers who want a Hawaii real estate attorney involved in the acquisition and loan review. During the negotiation and buying process an experienced legal advisor can easily pay for himself many times over. CONTACT OUR HAWAII REAL ESTATE LAWYERS TODAY Contact us today for a consultation on what we can offer your real estate business. We have the knowledge and the experience to get you through the confusing maze of Hawaii real estate laws and regulations.

  Link: HAWAII REALTORS ATTORNEY

• INCORPORATING IN HAWAII

  HOW TO FORM A HAWAII LLC, CORPORATION OR OTHER BUSINESS FORM WHAT TYPE OF HAWAII ENTITY SHOULD YOU SELECT? You need to talk to your Hawaii accountant as to which entity is best for you. Your accountant will have the best understanding of your personal financial situation as well as your past business dealings and past tax status which may impact your future tax actions. That said, you then need to select which type of Hawaii business entity is best for you. We recommend an entity that will give you some type of personal protection. For most people, a Hawaii limited liability company is a good choice. The Hawaii LLC provides corporate protection from creditors as well as pass-through tax treatment, so you avoid personal liability but also avoid double taxation that occurs with Hawaii corporations. Hawaii LLCs are affordable to set up and flexible if you have a good Hawaii Operating Agreement (your Hawaii financial institution will probably require this to open a bank account). Here are articles on Hawaii limited liability companies to help you understand them better: Why the State of Hawaii’s Articles of Organization Form May be a Mistake to Use if You Own Real Property Hawaii Limited Liability Company: Manager-Managed versus Member-Managed Why You Need a Hawaii Operating Agreement For Your Hawaii Limited Liability Company WHAT DO I DO NEXT AFTER SELECTING MY HAWAII ENTITY? You will need your accountant to help you with obtaining a Federal Employer Identification Number as well as a Hawaii general excise tax license, if applicable. You should also obtain business insurance to not only protect the company from general/premises liability issues such as slip and falls, but also employment practices liability insurance to protect the company from employee claims, and directors and officers insurance to protect the people running the entity. The insurance policies all have exclusions where the insurance company tries to restrict what it will cover you for, so read it carefully. You may need to obtain intellectual property advice in order to protect what you plan to do. Due to Mr. Natori’s past partnership in an international law firm, he has contacts with affordable national intellectual property attorneys and can put you in contact with them. If you are entering into a commercial lease for office space, we can review the lease and negotiate problematic issues (see discussion on commercial leases). Read about our Hawaii Incorporation & LLC Formation services or contact us today for a consultation on incorporating in Hawaii.

  Link: INCORPORATING IN HAWAII

• HOW TO ACQUIRE AN EXISTING HAWAII BUSINESS

  The standard practice is either to purchase the existing Hawaii business’ stock (if a corporation) or membership interest (if an LLC), or to purchase just the assets (and not the liabilities of the Hawaii business). Because most people do not want to assume the liabilities of the existing Hawaii business, the asset acquisition route is more common. There may be reasons to nevertheless do a Hawaii stock acquisition or sale such as you are the majority shareholder of the Hawaii corporation or because Hawaii regulations grandfather certain benefits to the existing corporation (such as boat permits and liquor licenses). ACQUIRING A HAWAII BUSINESS – 1ST STEPS You need to set up a due diligence period to inspect the Hawaii business and check their books. A seller would want to have you sign a Hawaii Non-Disclosure and Confidentiality Agreement that provides that you can see their books and contracts, but cannot make excessive copies, can only show it to your consultants on a need-to-know basis, and you will return the documents. They may even limit your ability to use the data to compete with them in case your Hawaii acquisition does not close. We would draft up the Hawaii Stock Purchase Agreement or the Hawaii Asset Purchase Agreement to reflect the deal points reached between seller and buyer, as well as what conditions need to be satisfied prior to closing such as loan commitments, landlord consents, and Hawaii plant closing notices. You may decide to retain the seller for a period to help you run the business and transition clients. The former owner will need to sign a Hawaii Independent Contactor Agreement documenting such things as his or her pay, term, and the level of assistance. You may want to also have the seller sign a Hawaii Non-compete Contract so that the seller does not compete against you after selling the Hawaii business to you. GET A HAWAII BUSINESS ATTORNEY ON YOUR SIDE There are other issues you need to consider and we would be happy to discuss them when you sign up as our client. As you can see, there is a lot of work to do things right, and having a Hawaii lawyer on your side is worth the price. We often have people come to us after a Hawaii purchase goes sour, and we can only point out how and what mistakes were made. Contact us today for a consultation on acquiring a Hawaii business. We can guide you with sound legal advice from our years of experience. TELL US ABOUT YOUR LEGAL ISSUE To set up an appointment, please complete the inquiry form with your legal issue and contact information. We’ll respond to you within a day about whether or not we’re the right Hawaii attorneys for you. Besides whether we can handle your matter, we also need to determine if we’re a good fit for each other. We need to feel comfortable with you as a client, but you also need to feel comfortable with us as your Hawaii lawyer. Please note that we do not represent tenants in landlord/tenant disputes or borrowers in foreclosure proceedings.

  Link: HOW TO ACQUIRE AN EXISTING HAWAII BUSINESS

• HAWAII CORPORATE LAW ATTORNEY

  We assist Hawaii corporate and business entities with your governance issues. We review the Hawaii Bylaws or Hawaii Partnership Agreement or Hawaii Operating Agreement, as well as Hawaii statutory and Hawaii case law, in order to advise our clients on how they should act, and what alternatives exist. We frequently are asked to determine the rights and obligations of majority shareholders, minority shareholders, general and limited partners, and directors. We also are asked to review minutes, and to help run elections. We have not only advised on disputes and elections, but also assisted in the filing of a Hawaii derivative lawsuit on behalf of a Hawaii director of a Hawaii non-profit corporation. In short, our experience and knowledge cover the often confusing regulations and issues in this area. ADVICE FOR HAWAII BUSINESSES AND NON-PROFITS ON CRUCIAL CORPORATE ISSUES We also are currently advising several Hawaii Board of Directors on employment issues, Directors and Officers insurance issues, as well as litigation matters. We also prepare Hawaii Board Policies for Hawaii non-profits in order to meet the standards required of federal tax-exempt entities. Due to Mr. Natori’s past partnership in an international law firm, he has contacts with affordable national tax-exempt attorneys and can put you in contact with them. Contact us today to get your corporate law questions answered.

  Link: HAWAII CORPORATE LAW ATTORNEY

• HAWAII CREDIT UNION AND BANK LAWYER

  ATTORNEY REPRESENTING FINANCIAL INSTITUTIONS ALL OVER HAWAII Mr. Natori has represented Hawaii financial institutions (both Hawaii state banks and federal credit unions) for compliance advice, operations procedures, contract review, loan documentation, real property leasing, and debt collection. COMPLIANCE Mr. Natori has answered client’s regulatory questions on Equal Credit Opportunity, Community Reinvestment, Fair Credit Reporting, Truth in Lending, Fair Debt Collections Practices and Bank Secrecy Act. OPERATIONS Mr. Natori provided advise on customer account opening requirements, Suspicious Activity Report, Customer Identification Program, check fraud, garnishment, safety deposit accounts, cashier’s checks, search warrants, control accounts, client trust accounts, conservator accounts, trust accounts, and payable upon death accounts. CONTRACT REVIEW Mr. Natori has negotiated online banking vendor contracts, software license and service agreements, coin processing contracts, courier services agreements, trust and investment management support services agreements, remote deposit capture agreements, and confidentiality agreements. LOAN DOCUMENTATION Mr. Natori has drafted commercial loan documentation such as mortgages, security documents and promissory notes. LEASING Mr. Natori has negotiated ATM shopping center leases at the largest shopping centers in Hawaii, and has decades of experience in negotiating office leases on behalf of landlords and tenants. DEBT COLLECTION Mr. Natori has provided advice, documentation, and negotiation prior to and during collection and foreclosure proceedings against both commercial and residential borrowers. Please contact us for assistance from an experienced Hawaii bank and credit union attorney.

  Link: HAWAII CREDIT UNION AND BANK LAWYER

• HAWAII CONSTRUCTION LAW ATTORNEY

  Honolulu, Hawaii Construction Lawyer Nathan Natori represents owners like you in dealing with your contractors, architects and lenders. Using standard industry forms prepared by the AIA helps efficiently document the agreement of the parties. Mr. Natori’s most recent work was a $28 million contract for a mass grading project on the Big Island. However, even the most detailed negotiated and drafted Hawaii construction contract does not always result in a problem-free development. We all know something will go wrong and the homeowner will feel his or her project is no longer a priority of the general contractor. CONSTRUCTION LAW ADVICE FROM AN EXPERIENCED HAWAII ATTORNEY The scariest part is the unknown construction defects hidden to the normal eye. From personal experience, Mr. Natori can advise you on the endless details on things that go wrong with Hawaii contractors who don’t perform as promised, and how best to cost-effectively resolve a potential Hawaii construction dispute. Homeowner counseling is provided during this stressful period of time. Mr. Natori can hire experts to examine the construction to date, and give advice on resolving the problems. If necessary, Mr. Natori handles alternative dispute resolution or litigation. For issues to consider when hiring a Hawaii general contractor, click here. Contact us today for a consultation on your construction law issues. Find out what your options are here in Hawaii and what you can do.

  Link: HAWAII CONSTRUCTION LAW ATTORNEY

• HAWAII DEBT COLLECTION ATTORNEY

  HONOLULU LAWYER EXPERIENCED IN DEBT RECOVERY Honolulu, Hawaii Debt Collection Attorney Nathan Natori assists Hawaii creditors with documenting the loan through Hawaii promissory notes, Hawaii mortgages, Hawaii personal guaranties and Hawaii Uniform Commercial Code filings. Hawaii’s complicated land court system makes perfecting a lien a tricky business. If you’re thinking about lending money to a Hawaii business, you need to give yourself the greatest chance of getting some of your money back should the borrower default through security in real property, equipment, or bank accounts. Far too many Hawaii residents make loans that are unsecured and have no priority in collection efforts. Mr. Natori’s knowledge and experience as a Hawaii debt collection attorney can fix your problems before they happen. See us before things go wrong. Here are some debt collection transactions we have helped: Loan Documentation – Provided advice, documentation, and negotiation prior to and during collection and foreclosure proceedings. Prepared Hawaii loan documentation for $725,000,000 refinancing of gas company, and foreclosed on $84,500,000 Hawaii cruise ship. Discounted Note Purchases – Assisted in preparation, structuring and due diligence of discounted note purchase transactions (loans of over $4,000,000, $600,000,000 and $400,000,000) for commercial real estate, hotel and resort. We also handle debt collection when Hawaii loans default. Whether enforcing a foreign judgment in Hawaii, filing a lawsuit to collect on a debt through a Hawaii foreclosure lawsuit if there is Hawaii real estate securing the loan, or negotiating with the borrower to achieve the creditor’s best alternative, Mr. Natori tries to balance the cost-benefit of going down a particular path. He advises clients to not spend good money going after bad money, and needs to reign in a client’s desire to have him pursue the other side at all costs. Contact us today for a consultation with our attorneys about Hawaii debt collection services. We can help you get your money back.

  Link: HAWAII DEBT COLLECTION ATTORNEY

• HAWAII FINANCE ATTORNEY

  Honolulu, Hawaii Finance Attorney Nathan Natori assists Hawaii lenders with documenting the loan through Hawaii promissory notes, Hawaii mortgages, Hawaii personal guaranties and Hawaii Uniform Commercial Code filings. Hawaii’s complicated land court system makes perfecting a lien a tricky business. We are frequently brought in to advise mainland lawyers on a variety of lending issues, such as the impact of the Hawaii Mortgage Broker statute on a loan and the Hawaii Usury Laws. If you are thinking about lending money to a Hawaii business or relatives, you need to give yourself the greatest chance of getting some of your money back if the borrower defaults through security in real property, equipment, or bank accounts. Far too many Hawaii residents make loans that are unsecured and have no priority in collection efforts. See us before things go wrong. Here are some transactions we have helped: Loan Documentation – Provided advice, documentation, and negotiation prior to and during collection and foreclosure proceedings. Prepared Hawaii loan documentation for $725,000,000 refinancing of gas company, and foreclosed on $84,500,000 Hawaii cruise ship. Discounted Note Purchases – Assisted in preparation, structuring and due diligence of discounted note purchase transactions (loans of over $4,000,000, $600,000,000 and $400,000,000) for commercial real estate, hotel and resort. We also handle debt collection when Hawaii loans default. Whether enforcing a foreign judgment in Hawaii, filing a lawsuit to collect on a debt through a Hawaii foreclosure lawsuit if there is Hawaii real estate securing the loan, or negotiating with the borrower to achieve the lender’s best alternative, Mr. Natori tries to balance the cost-benefit of going down a particular path. He advises clients to not spend good money going after bad money, and needs to reign in a client’s desire to have him pursue the other side at all cost. Contact us today for a consultation with our attorneys on any Hawaii finance and debt collection issues you’re experiencing. Take advantage of our experience and knowledge.

  Link: HAWAII FINANCE ATTORNEY

• HONOLULU, HAWAII FORECLOSURE ATTORNEY

  PROJECT WORKOUTS AND FORECLOSURES We represent lenders and have experience in commercial debt renegotiations involving Hawaii real estate. For residential and commercial lender clients we foreclose on mortgages and other security interest, in a judicial proceeding, and pursue Hawaii debt collection activities. HAWAII JUDICIAL FORECLOSURES In a Hawaii judicial foreclosure, the lender/mortgagee files a Complaint in the Circuit Court where the real property is located, and immediately records a Notice of Pendency of Action in State of Hawaii Bureau of Conveyances or the Land Court to put all potential persons on notice about the foreclosure. The lender serves the Complaint and Summons on all named defendants in Hawaii, but if defendants are on the mainland, then plaintiff is required to file an Ex Parte Motion for Order Service via Certified Mail or Private Process Server. If the borrowers do not answer, then the lender would file a Request for Entry of Default to the court clerk. An Entry of Default by the court clerk is a prerequisite to filing a Motion of Default Judgment. If the borrowers answer the Complaint, a Motion for Summary Judgment, Default Judgment and Decree of Foreclosure will be filed. The Decree of Foreclosure appoints a Commissioner to take possession and sell the property. Once the Commissioner files his Report of the sale, the lender can file a Motion for Order Approving Report of Commissioner, Confirming Sale of Real Property at Public Auction and Directing Distribution of Proceeds, Notice of Hearing of Motion for Order Approving Report of Commissioner. There will be a confirmation hearing in which the borrower may raise any issues concerning the conduct of the sale, sales price or the associated costs and fees. If the Court should find no problem associated with the sale of the property, the Court will usually grant the Order Confirming Sale, Distribution of Proceeds, Deficiency Judgment, and for Writ of Possession. The lender files the Deficiency Judgment in the Bureau of Conveyances and enforce it in exactly the same way as any other judgment awarded by a Circuit court. However, if the loan is a non-recourse loan, then the lender cannot get a Deficiency Judgment because the borrower is not personally liable. If things go smoothly the judicial foreclosure process takes 6 to 9 months, although some take longer. Due to recent changes in non-judicial foreclosures the judicial foreclosure system is expected to take even longer. Contact us today and learn how we can move your Hawaii foreclosures forward smoothly and quickly.

  Link: HONOLULU, HAWAII FORECLOSURE ATTORNEY

• HAWAII HEALTH CARE ATTORNEY

  HONOLULU LAWYERS SERVING HAWAII HEALTH CARE PROVIDERS Honolulu, Hawaii Health Care attorney Nathan Natori currently represents hospitals (The Queen’s Health Systems, Kaiser Foundation), Hawaii health care providers/groups and the Hawaii State Insurance Division. We can guide you in forming Hawaii health care entities and in providing governance advice. In addition, we’ll help you with purchasing or selling existing Hawaii medical practices, taking into account Stark and federal fraud and abuse laws. HAWAII HEALTH CARE ATTORNEYS – GIVING YOU SOUND ADVICE FROM EXPERIENCE award-1Our Hawaii health care legal services also include working with a health care entity’s national counsel in responding to governmental investigations. We also give you sound advice regarding Hawaii Health Care Governance functions issues such as: board fiduciary duties, policies, conflicts of interest, ad hoc investigative committees and establishing mechanisms to protect attorney-client communication and attorney work product. Finally, we prepare policies for the Hawaii medical facility such as Unclaimed Property Policies. Here are some examples of the work we’ve performed for clients: Health Care Organizations: Answered Hawaii health care client’s regulatory questions on False Claims Act, Medicare-Medicaid Anti-Fraud and Abuse Amendments including Anti-Kickback Statute, Stark I and Stark II, Corporate Practice of Medicine, Private Inurement/Private Benefit, Intermediate Sanctions and HIPAA. Individual Practice Association: Representation of Hawaii 650 member-physician individual practice association (IPA) regarding Medicare, Medicaid, antitrust, federal tax-exemption, corporate, contract and litigation issues. Health Care Litigation: Multiple Defending health care organizations in litigation with physicians involving Anti-Kickback/Stark II and False Claims Act violations. Corporate Compliance Plan: Guided Hawaii hospital in conforming its corporate compliance plan to Hawaii law. Numerous Health Care Providers: Reviewed Physician Employment Agreements, Medical Director Agreements, sold hospital clinic to health care entity, sold health care practices of retiring health care providers to younger providers, organized individual practice association (IPA). HAWAII HIPAA ATTORNEY Health Care Legal Guidance So You Meet the Law and Minimize Your Risk Honolulu, Hawaii HIPAA Attorney Nathan Natori was local counsel at Davis Wright Tremaine LLP when he advised members of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Readiness Collaborative (“HRC”) at the Hawaii Health Information Corporation (“HHIC”). Mr. Natori worked with HHIC in understanding and implementing the various federal HIPAA standards. Specifically, Mr. Natori provided HHIC with support for the following: Providing generic forms and checklists related to consents, authorizations, notices and business associate contracts, as well as identifying additional requirements and considerations for different types of covered entities. Identifying gaps and implementation risks in HHIC’s existing security and policy drafts and developing additional policies including medical research and the administration of research programs consistent with HIPAA requirements. Advising on preemption issues by conducting HIPAA preemption analysis of Hawaii law and providing advice on implementing HIPAA and non-preempted state laws. Providing guidance on “minimum necessary” standards and the release of information to police and other governmental agencies. The Administrative Simplification provisions of HIPAA apply directly to “covered entities.” Covered entities are: (i) health care providers that engage in electronic HIPAA-covered transactions; (ii) health plans; and (iii) health care clearinghouses. HIPAA also affects covered entities’ business associates and employee benefit plan fiduciaries and plan sponsors, entities that themselves need not be covered entities. The functions of each entity and component need to be identified to make a covered entity determination. It’s possible that a health system, or even a single entity, may be engaging in functions that would make it any combination of a provider, a plan, and/or a clearinghouse. Making these determinations at the start means you can create a comprehensive and systematic approach to HIPAA compliance in Hawaii and minimize your risks. Our attorneys can – and will – do that for you. Contact us today for a consultation on your Hawaii health care & HIPAA needs. We’ll give you every benefit of our years of experience.

  Link: HAWAII HEALTH CARE ATTORNEY

• HAWAII GOVERNMENT RELATIONS ATTORNEY

  EXPERIENCED HAWAII LOBBYIST READY TO DELIVER YOUR MESSAGE Honolulu, Hawaii Lobbyist Nathan Natori is a registered Hawaii lobbyist. He has lobbied for the largest mutual fund trade association (www.ici.org) for the past 14 years in Hawaii, and has represented a national motor vehicle dealer (www.iaai.com) before the Hawaii Legislature for the past 10 years. Meeting the expectations of such prestigious, national organizations speaks volumes about Mr. Natori’s Hawaii lobbying skills. Being born and raised in Hawaii gives Mr. Natori a unique understanding of how to frame an argument and persuade Hawaii legislators, in public and in private. On the other hand, he is very comfortable working with national counsel and national government relations personnel due to his mainland educational background (Georgetown University, University of Pennsylvania Law School (Law Review Editorial Board), and University of Chicago Graduate School of Business). Mr. Natori, as a Hawaii lawyer, has a significant advantage over other Hawaii lobbyists because he not only understands Hawaii law and can help you understand it, but he can also clearly explain the subtle nuances to non-lawyers. His mind is political, and his recommendations strategic. His past includes stints as a successful campaign manager. Not only does Mr. Natori lobby in Hawaii, he also negotiates with Hawaii governmental regulators to amend Hawaii administrative law or change their interpretation of Hawaii statutory or administrative law. Often it is not the Hawaii Legislature where the issue lays, but with the regulators. His office is located two blocks from the State Capitol which allows Mr. Natori to easily attend hearings and meet with Hawaii Legislators. You do not end up paying for travel time. Mr. Natori also bills you on an hourly basis and does not require a large flat fee unlike other Hawaii lobbyists. You pay for the time spent on your matter and no more. If he quickly kills a bill, you reap the benefits. Here are some of our examples. National Association of Mutual Fund Industry – Continuing representation of the national association whose members account for approximately 95% of total industry assets. Successfully lobbied to defeat bill that would have unfairly required registration fees on all mutual funds, and negotiated a compromise the following year, saving the mutual fund industry and its shareholders millions of dollars a year. National Licensed Motor Vehicle Dealer – Continuing representation of a national licensed motor vehicle dealer handling the sale of total loss vehicles for the insurance industry and self-insurers. Successfully defeated bill that would have permitted return of vehicles, and passed bill exempting client from interisland shipping requirements. Molokai Cruise Ship Lawsuit – Successfully represented two cruise lines against temporary injunction barring visits to Molokai, and quickly worked with environmental group in dismissing appeal to Hawaii Supreme Court. Contact us today for a consultation on our lobbying services and how we can represent your interests successfully. You can also read about The Advantages of Hiring a Hawaii Attorney as Your Hawaii Lobbyist.

  Link: HAWAII GOVERNMENT RELATIONS ATTORNEY

• HAWAII NONPROFIT ATTORNEY

  HONOLULU LAWYER FOR HAWAII TAX EXEMPT CORPORATIONS AND FOUNDATIONS Honolulu, Hawaii Nonprofit Attorney Nathan Natori advises Hawaii nonprofit corporations, and other Hawaii tax-exempt corporations or foundations, on Hawaii and federal law. Mr. Natori also creates Hawaii Board Policies to reflect Hawaii law and federal tax-exemption laws and regulations. WHY AN EXPERIENCED HAWAII ATTORNEY IS VITAL TO YOUR NONPROFIT’S SUCCESS Please read our article on Common Issues for Board of Directors of Hawaii Nonprofit Corporations to see our thoughts on issues most Nonprofit Board members need to look at prior to joining the Board. Too often we are consulted only after a problem arises and our ability to assist is limited. As you can see there are a number of issues that you will need to consider when forming your Hawaii nonprofit corporation. Contact us and we, as your Hawaii attorneys, can guide you through this complicated process. Too often we are retained only after mistakes are made during the incorporation process which makes it much more difficult to correct a problem. Contact us today to talk to our Hawaii attorneys about your Nonprofit’s legal needs. We can help you stop problems before they happen.

  Link: HAWAII NONPROFIT ATTORNEY

• HAWAII PUBLIC UTILITIES (PUC) ATTORNEY

  HAWAII MOTOR CARRIER CERTIFICATE-PERMIT ATTORNEY We are Hawaii lawyers for those people who are engaged in the transportation of passengers or property for compensation and are therefore seeking to obtain either a “common carrier certificate” or “contract carrier permit”. We assist the client in completing the State of Hawaii, Public Utilities Commission’s Application For Motor Carrier Certificate or Permit Passenger Classification. HAWAII TELECOMMUNICATIONS ATTORNEY We assist our clients with obtaining Certificates of Authority to operate in Hawaii, and with filing their tariffs. We also file petitions to approve mergers, to encumber assets or to transfer assets. We recently obtained eligible telecommunications carrier for Nextel Partners (nka Sprint Nextel) in its designated service area. HAWAII PUBLIC UTILITIES ATTORNEY We assist sewage treatment companies with understanding their obligations under the Hawaii Public Utilities Commission. Contact us today about your PUC legal needs. Our attorneys can help you.

  Link: HAWAII PUBLIC UTILITIES (PUC) ATTORNEY

• HAWAII PROBATE OF REAL PROPERTY

  If you own an interest in Hawaii real estate, and do not hold title it in a trust, as tenants by the entirety, or as joint tenants, when you pass away your real estate interest must be probated. This is common when a property is owned by several siblings (some may have trusts, others do not), and also when foreign investors purchase real estate as they do not have US trusts. This is unfortunate as you now must incur legal fees and court costs, and possibly even a publication to creditors in the newspaper to probate the decedent’s real property interest. I am a Hawaii real estate attorney and handle probates in order to free the property interest so that the property can be sold or transferred. Without the probate, no title insurance company in Hawaii will touch the property, and no commercial lender will make a loan to purchase the property. Generally, if all the beneficiaries agree upon who will be serving as the personal representative of the decedent (intestate), I can file for an informal proceeding to have a Personal Representative appointed by the Court. A testate proceeding (with a will) can also be done in an informal proceeding. Informal proceedings are a fast and straight forward process to save you time and money. A Personal Representative is generally appointed within in five to 7 business days after the application is filed. The Registrar of the Court will issue Letters, which will allow the Personal Representative to deal not only with the real estate of the estate, but also administer other assets of the estate such as bank accounts and safety deposit boxes. To facilitate the closing of an estate, a Personal Representative may decide to publish a notice to creditors in the newspaper (once a week for three consecutive weeks). The Personal Representative can convey the property from the estate to the beneficiaries/heir-at-law of the estate, four months after the first date of publication. Note, the creditors’ claim period last four months when notice is published and 18 months if no notice is published. The time line listed above is of course the best case scenario in which all parties respond in a timely manner. The ultimate goal is to get you in and out of Probate, with minimum costs and delay. Assuming everything goes smoothly and nothing unusual arises this can be done on a fixed legal fee arrangement. As with the opening of an estate, the closing of an estate can be done in an informal proceeding. The informal closing of an estate is a fairly simple process assuming all parties sign their respective documents acknowledging receipt of their intestate/testate interest in the estate. The closing of a estate in a formal proceeding is a more time consuming and detailed process and will incur increased legal fees as a court order will needed to be signed by the Judge to close the estate. Estates are closed in a formal proceeding in which a conflict arises between the heirs-at-law or beneficiaries of the estate (i.e. will contests or accounting disputes). The information above is but a short overview of the probate process. Keep in mind all probate cases are different and the time and complexity of the opening and closing of each case will vary. If you have any questions, please don’t hesitate to contact me.

  Link: HAWAII PROBATE OF REAL PROPERTY