According to the Oregon Association for Realtors (OAR) the answer is no one! According to a recent news and information letter sent out by OAR the Real Estate Settlement Procedures Act or "RESPA" does not dictate that either the buyer or seller chooses escrow. Rather
Freddie Mac and Fannie Mae Will Force Lenders To Pay Back Losses Incurred During Home Foreclosure Process Delay
Fannie Mae and Freddie Mac will force lenders to pay for any losses that the GSEs incur due to a breakdown in the foreclosure process.