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Which action CANNOT be performed by an escrow agent? Disburse funds as authorized by both principals.
In short, in Hawaii, the closing process generally is conducted through escrow. In Hawaii, escrow services are typically provided by title insurance companies, but escrow can also be done through trust companies, lenders, Hawaii attorneys, or Hawaii real estate brokers.
An escrow agent may be a bank, savings and loan, title insurance company, attorney, real estate broker, or an escrow company.
In Hawaii, the seller in a transaction typically has the most leverage and selects the title and escrow company they prefer via contract negotiations. If the seller doesn't have any preference, they are likely to accept a contract where the buyer makes the selection.
Typically, the role of the escrow agent will be played by representatives from a title company, mortgage lender, or an attorney, but it can depend on the laws and customs in your state.
Escrow instructions are written directions to an escrow agent which state the duties of the parties and the escrow holder. Note that an existing agent or an attorney of grantor or grantee cannot act as an escrow agent due to the conflict of interest in the duties.
An escrow agreement is a legal document outlining terms and conditions between parties as well as the responsibility of each. Agreements usually involve an independent third party called an escrow agent, who holds an asset until the contract's conditions are met.
As an escrow agent, the Bank will: 1) receive funds from the project owner or contractor, 2) deposit funds into a separate non-interest bearing account, 3) honor checks written against the account, 4) mail monthly account statements, and 5) provide on-line access to the necessary parties.