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HRS §667-52

Buyers can choose their own title insurer and escrow agent

In foreclosures of homes with four or fewer units, the foreclosing mortgagee cannot force the buyer to use a specific title insurer or escrow company. The buyer can still choose the one the mortgagee recommends if they agree in writing after being told they can pick their own. If the mortgagee breaks this rule, they must pay the buyer three times the cost of those services.

buyershomebuyersmortgage lenders

The statute, as written — ‑52] Buyer's choice of title insurer and escrow agent

(a) In connection with a judicial foreclosure or foreclosure by power of sale of residential property improved by four or fewer dwelling units, no foreclosing mortgagee or mortgagee who acquires the property through a foreclosure proceeding shall require, directly or indirectly, as a condition of selling the property, that the buyer purchase an owner's title insurance policy covering the property or escrow service in connection with the sale of the property from a particular title insurer or escrow depository. This section shall not prohibit a buyer from agreeing to accept the services of a title insurer or an escrow depository recommended by the foreclosing mortgagee or mortgagee who acquires the property through the foreclosure proceeding if written notice of the right to make an independent selection of those services is first provided to the buyer by the foreclosing mortgagee or mortgagee who acquires the property through the foreclosure proceeding. (b) A foreclosing mortgagee or mortgagee who acquires the property through a foreclosure proceeding who violates this section shall be liable to a buyer in an amount equal to three times all charges incurred in the purchase of the title insurance or escrow service. (c) A transaction subject to this section shall not be invalidated solely because of the failure of any person to comply with any provision of this section.
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.