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Kenji recently moved from California to Oahu and is purchasing a condominium for $650,000. His California lender tells him the loan will be secured by a deed of trust with a trustee, just like his California home purchase. Kenji's Hawaii real estate licensee should advise him that:

Correct Answer

D) Hawaii primarily uses mortgages as security instruments, so the lender will likely use a mortgage rather than a deed of trust

Hawaii primarily uses mortgages — not deeds of trust — as the security instrument for real property loans. Unlike California and many other states that routinely use deeds of trust, Hawaii lenders typically use the two-party mortgage instrument. Kenji's licensee should clarify this distinction so he understands the different legal framework that will apply to his Hawaii purchase.

Answer Options
A
Hawaii accepts deeds of trust but requires a licensed Hawaii attorney to serve as trustee
B
Hawaii uses deeds of trust for condominium purchases but mortgages for single-family homes
C
The choice between a mortgage and a deed of trust is entirely the lender's discretion with no state preference
D
Hawaii primarily uses mortgages as security instruments, so the lender will likely use a mortgage rather than a deed of trust

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Related Topics & Key Terms

Key Terms:

mortgagedeed_of_trustsecurity_instrumentcalifornia_comparisonhawaii_financing

Related Concepts

An adjustable-rate mortgage (ARM) has an interest rate that changes periodically based on market conditions, typically after an initial fixed-rate period. The rate adjustment is tied to a financial index plus a margin.

Closing costs are the fees and expenses paid by the buyer and seller at the closing of a real estate transaction, beyond the purchase price. They typically range from 2-5% of the purchase price.

A conventional loan is a mortgage that is not insured or guaranteed by a government agency such as the FHA, VA, or USDA. It is originated and funded by private lenders and may be conforming or non-conforming.

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