HRS §510-26
Protecting buyers and lenders from family claims
This section protects people who buy property or lend money using it as security. If the seller or borrower appears to own the property, the buyer or lender gets it free from certain family claims. They do not have to check if the seller or borrower acted properly.
beneficiariesheirshomebuyersmortgage lenderspersonal representatives
The statute, as written — Purchaser for value or lender
(a) If a surviving spouse has apparent title to property to which this part applies, a purchaser for value or a lender taking a security interest in the property takes the purchaser's or lender's interest in the property free of any rights of the personal representative or an heir or devisee of the decedent. (b) If a personal representative or an heir or devisee of the decedent has apparent title to property to which this part applies, a purchaser for value or a lender taking a security interest in the property takes the purchaser's or lender's interest in the property free of any rights of the surviving spouse. A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly with respect to property to which this part applies. (c) The proceeds of a sale of or creation of a security interest in property to which this part applies shall be treated in the same manner as the property transferred to the purchaser for value or a lender.
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