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HRS §501-216

State not responsible for trustee or mortgage losses

The State won't pay you if a registered owner who is a trustee breaks their trust duties or improperly uses a mortgage's power of sale. If you sue the State on a contract claim, you can only recover up to the property's fair market value at the time of your loss.

everyone

The statute, as written — State, not liable when

The State shall not be liable to pay for any loss, damage, or deprivation occasioned by a breach of trust, whether expressed, implied, or constructive, by any registered owner who is a trustee, or by the improper exercise of any power of sale in a mortgage. Nor shall any plaintiff prosecuting a contract claim under this chapter recover as compensation more than the fair market value of the real estate at the time when the plaintiff suffered the loss, damage, or deprivation thereof.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

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