73-4361 Lulana Street, Kailua Kona, Hawaii 96740 Foreclosure Notice

From West Hawaii Today 8/30/2021

Notice #: 0001339115-01
Foreclosures

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NOTICE OF POSTPONED FORECLOSURE SALE. WILMINGTON TRUST, NATIONAL ASSOCIATION etc. v. GARETH MCCLAIN-SMITH; DONNA L.M. WINDSOR; LOKAHI MAKAI PLANNED COMMUNITY; SONNY VENTURES LLC; et al. Civ. No. 17-1-040K, Circuit Court of the Third Circuit, State of Hawaii. TMK (3) 7-3-061-024-0000 A 3 bedroom 2 bath single family home, approximately 1582 sq. ft., located at Lokahi Makai 73-4361 Lulana Street, Kailua Kona, Hawaii 96740. Notice is hereby given that pursuant to Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Summary and/or Default Judgment Against All Defendants and for Interlocutory Decree of Foreclosure etc., filed March 20, 2020, the undersigned Commissioner was appointed to sell the above described property at public auction. OPEN FOR INSPECTION: No additional open houses (opened 8/29/2020&8/30/2020) AUCTION: Tuesday September 14, 2021, noon, at the flagpole at Hale Halawai Park, Alii Drive, Kailua-Kona, Hawaii (postponed from 9/18/2020) All auction and open house participants must follow CDC social distancing and mask requirements in compliance with First Amended Emergency Order #6 Regarding Foreclosure Cases Filed in the Circuit Court of the Third Circuit, Filed June 4, 2021 (3CSP-20-0000021). TERMS OF SALE. No upset price. Sold in “as is” condition to the highest bidder at public auction with no representations or warranties as to title or possession. Not less than ten percent (10%) of the highest successful bid price shall be deposited with the Commissioner payable in cash or cashier’s check at the close of the auction. Participants must prove their ability to comply with the 10% requirement prior to participation in the auction. Balance of the purchase price payable in cash or cashier’s check upon delivery of title documents or a date as the Court shall order. The 10% down payment may be forfeited in full or in part if the successful purchaser fails to pay the balance of the purchase price after court confirmation of the sale. The purchaser shall pay for all possession, eviction, escrow and closing costs, conveyance documents, recording costs, notary, conveyance taxes and shall be responsible for securing possession of the property. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. The Commissioner may require the use of escrow even if the purchaser does not require it, and purchaser will be responsible for any escrow costs. Sale is subject to confirmation and shall not be final until approved and confirmed by the presiding Judge of the Circuit Court of the Third Circuit, State of Hawaii. For more information contact Commissioner: Rebecca Colvin, 75-165 Hualalai Rd. Suite 202, Kailua-Kona, HI 96740; (808) 769-6847; rebecca@rcolvinlaw.com. (WHT1339115 8/30/21)

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16-1075 Moho Road, Hawaiian Acres, Keaau, HI 96749 - Foreclosure Notice

 From The Hawaii Tribune Herald 8/24/2021:

Notice #: 0001339685-01
Foreclosures

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NOTICE OF FORECLOSURE SALE COURT ACTION: U.S. Bank Trust National Association, As Trustee of The Chalet Series IV Trust vs. Marshall D. Chinen, Esq. As The Successor Trustee of The Virginia Dare Routh Revocable Living Trust Dated March 29, 2000; Marshall D. Chinen, Esq. As The Personal Representative For The Estate of Edward James Farrar, Deceased, Civil No. 18-1-0258, Circuit Court of the Third Circuit, State of Hawaii DESCRIPTION: Lot: 130,680 Square Feet (3 Acres) House: 1,352 square foot house, 3 bedrooms, 2.5 baths with 648 square feet gunite pool LOCATION: 16-1075 Moho Road (formerly known as Lot 5244), Hawaiian Acres, Keaau, HI 96749 TAX MAP KEY: 3-1-6-055-045-0000 ZONING: A-3a OPEN HOUSE: Date: Saturday, Septmber 11, 2021 Time: 8:00 a.m. to 10:00 a.m. Date: Sunday, September 12, 2021 Time: 8:00 a.m. to 10:00 a.m. AUCTION DATE: Date: Tuesday, September 28, 2021 Time: 12:00 Noon Place: Front Entrance to Hale Kaulike 777 Kilauea Avenue, Hilo, Hawaii TERMS OF SALE: The Property shall be sold at a public sale. In the event the Property is sold at public auction, there shall be no upset price at the sale, and the Property shall be sold “as is”, without any representations or warranties as to title or possession. Upon fall of the hammer, the successful bidder shall pay a down payment to the Commissioner, by cash or certified check, in an amount not less than ten percent (10%) of the successful bid price, with the exception of Plaintiff, who may use the amount of its secured indebtedness as the required ten percent (10%) down payment. The balance shall be paid concurrently with delivery of the documents transferring title. At the Court’s discretion, ten percent (10%) of the purchase price may be forfeited as reasonable damages in full or in part if the Purchaser fails to close within the time ordered by the Court. In no event shall reasonable damages be greater than 10% of the purchase price. Plaintiff or its designee, is authorized to be a purchaser at the foreclosure sale, and to credit bid up to the total amount due to Plaintiff without the requirement of any down payment at said sale. If Plaintiff is the highest bidder, payment of the down payment and the balance of the sale price shall be made by offset against the amount owed to Plaintiff under the Loan Documents. The purchaser shall pay closing costs, including but not limited to costs of escrow fees, title insurance premiums, conveyance document preparation fees, prorated real property and conveyance tax, recordation and costs of securing possession after closing. The inability of the purchaser to secure title insurance or financing shall not be a condition of closing. The sale shall not be final until approved by the Circuit Court of the Third Circuit, State of Hawaii. FOR MORE INFORMATION: Dwayne Stephen Lerma, Commissioner P. O. Box 130 Keaau, Hawaii 96749 Telephone No.: (808) 961-4484 (HTH1339685 8/27, 9/3, 9/10/21)

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14-3470 Pakalana Road, Pahoa, Hawai’i 96778 - Foreclosure Notice

From the Hawaii Tribune Herald 8/26/2021:

Notice #: 0001339419-01
Foreclosures

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NOTICE OF FORECLOSURE SALE Civil No. 16-1-0266 PROPERTY: 14-3470 Pakalana Road, Pahoa, Hawai’i 96778. TMK: (3) 1-4-074-011 TERMS OF SALE: Public auction by court-appointed commissioner. No upset price. High bidder to tender to Commissioner upon close of bidding ten percent (10%) of his bid in cash cashier’s check or certified check. Balance of the purchase price shall be paid upon delivery of title. Potential bidders must be able to provide proof of ability to comply with 10% of bid requirement prior to participating in the public auction. Failure to pay balance may result in forfeiture of deposit. Property will be sold “as is.” There are no representations or warranties made whatsoever as to title or possession. Buyer is responsible for all expenses of closing, including costs of escrow, if any, and for securing possession of the Property. Commissioner will deliver title by Commissioner’s Quitclaim Deed, without title insurance. Note: All facts must be verified by buyer prior to bidding; information not guaranteed. SALE IS SUBJECT TO COURT CONFIRMATION. DATE OF SALE: Tuesday, October 5, 2021, beginning at 12:00 Noon, at the front entrance to the Hale Kaulike Courthouse Building, 777 Kilauea Avenue, Hilo, Hawai’i. COMMISSIONER: Charles M. Heaukulani, POB 4475, Hilo, HI 96720, (808) 466-1511 (HTH1339419 8/26, 9/2, 9/9/21)

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Auction Recap - 92-9022 Tree Fern Lane

 Auction Recap - 92-9022 Tree Fern Lane.  Bank was the winning bid.

Click here for a copy of the Foreclosure Notice. 

Click here for a copy of the Fact Sheet 

The auction for 92-9022 Tree Fern Lane was held at noon on August 16th.  This was a vacant house in Ocean View in decent condition.  Besides the bank representative and the commissioner, there was one bidder and one observer in attendance.  The amount owed according to the fact sheet was, "$128,605.28 ... Interest continues to accrue on the Note ad the rate of 5.875% per annum of $16.71 per day."  The bank bid just under $167,000.  I expected a bank bid around $150k.  The bidder did not outbid the bank.  

Auction Recap - 77-181 La'aloa Ave

Auction recap 77-181 La'aloa Ave. Bank was the winning bid.

This was a tenant-occupied house in Kona.  Open houses were held.  

Click here for a copy of the Foreclosure Notice. 

Click here for a copy of the Fact Sheet 

The auction for 77-181 La'aloa Ave was held at 10 am on Aug. 24th.  There were 5 bidders in attendance, plus several people who were there to watch but not bid.  The amount owed according to the fact sheet was "$613,138.66 as of June 12,2020 with per diem interest continuing at 4.0000% per annum for each day."  I expected a max bank bid of around $650k.  Apparently so did everyone else because when the representative from the bank bid $699,900, the commissioner immediately said, "going once...".  None of the 5 bidders in attendance had brought enough to show 10% down that would beat the bank's price.  

Hawaii County Tax Auction FAQ

• When are the county tax auctions?  
• They occur twice a year, usually in January and June.
• How do I find out about the auction? 
• The county will post the notice in the Hawaii Tribune Herald and it is also posted on the County Tax Sale website.  (Where it says "No List Available."  This will change to the list 4 weeks prior to the auction.)  
• What types of property are auctioned?  
• Typically banks will make sure that property taxes are paid so for the most part, only properties with no current mortgages are auctioned.  This means mostly raw land.  While there are usually a handful of houses on the list, probably 99% are raw land parcels.  
• Can you see the properties? 
• The county does not hold open houses, so driving by is the best you are legally able to do. 
• I have the list.  Now what?  
• Sadly, the county list isn't much help.  The list that is generated gives you the Tax Map Key (TMK), but not the address.  (Many of the properties don't have an address.)  If you want to drive by, you can look up the TMK on the county website, and click on "view map".  This is a long tedious process.  Hopefully the county improves it before the next tax auction.  
• The list changed?  How come? 
• Owners have until the morning of the tax sale to pay up their past due taxes.  As they pay them off, the properties are removed from the list.  Check for an updated list every few days.  
• How do I know if there are issues with the title? 
• The County of Hawaii provides a "Litigation Guarantee" (very similar to a preliminary title report) with each parcel.  These are available for review prior to the auction in the folder on the website.  They are also provided the day of the auction, each taped to long tables that everyone shuffles through before the bidding starts.  
• Will I receive title insurance?  No, all you receive at auction is a receipt and a copy of the litigation guarantee.  A recorded deed will come later.  
• What do I need to bring to the auction? 
• Cash or a cashier's check made out to yourself.  You must pay in full immediately after bidding. 
• Copy of your trust documents if you will hold title in a trust (can be emailed in as well after bidding.)  
• How does it work? 
• The auction usually starts at 9am.  Someone from the tax office gets up and reads off a long disclaimer, then a county attorney reads a disclaimer and takes Q & A, and then, after everyone has been waiting for about half an hour, excited to get started, they take a break before starting!  
• Once the auction starts, the minimum bid is the "upset price" that is noted on the list (taxes + fees).  You must stand to bid and call out your bid when the auctioneer motions to you.  Bidding proceeds back and forth until there is a winner.  A county employee comes from the front with the bid paperwork and a sticker numbered with the same number that was on the tax sale list.  You put this number on your arm and proceed through the payment and purchase process in the back of the room, moving along from station to station.  Bidding continues and you ARE able to bid on additional properties from the payment line.  If you brought a cashier's check made out to yourself, you will sign it over to the county.  If there is a balance, they will offer to hold it as a credit for you for future bids, or they will write you a check for the balance.  You can close out your credit at any time.  
• What do I get to show I won? 
• At the auction you only receive a receipt and the litigation guarantee.  A deed will follow, but they take a while.  Usually 4 to 6 months.  
• When do I own it? 
• You officially own the property immediately.  However: 
• Without the deed it is challenging to prove ownership, so if you need to evict someone from the property you will likely have to wait for the deed to be generated and recorded. 
• The prior owner has a one-year right of redemption to purchase the property back from you. 
• Will there be liens? 
• Very often there are road maintenance liens owed.  If the bidding proceeds over the upset price, any overage the county receives goes towards paying off as many liens on the property as possible.  If there is still an overage after all liens are paid, the prior owner may claim it.    
• Tax foreclosures are *supposed* to wipe out any junior liens, but consult with an attorney since this is not the same process as a judicial foreclosure.  
• Will I be able to get title insurance? 
• You may have heard that properties that have gone through a county tax auction cannot get title insurance.  This is true in a lot of cases, but not all.  As part of the tax foreclosure process, the county notifies the prior owner via certified mail and publication.  This is all the law requires.  However, title companies have decided they will not insure properties where the prior owner did not sign for the certified mail.  (And they may even decline to insure properties when the prior owner did sign if there are other issues.)  Do not count on being able to get title insurance, but don't rule it out without obtaining the mailing packet from the county and running it by your favorite escrow officer for review.
• I decided I don't want this property.  How do I undo the sale? 
• Unfortunately this is not possible.  The best you can hope for is that the prior owner wants to buy it back during the redemption period.  Or you can wait a year and then list it with your favorite Realtor.  
• The prior owner wants to buy the property back. 
• Do I have to let him/her buy it back? 
• Yes. 
• I already improved the property.  Can I charge him/her for the improvements I made? 
• Nope, shouldn't have invested in the property before the right of redemption was over. 
• Can I charge them more than I paid? 
• Yes, they must pay you back the full amount you paid plus 1% per month plus they have to cover all escrow fees, deed drafting fees, recording fees, notary fees, etc.    

Bank-Owned Listings FAQ

• Bank-owned properties are cheaper, right? 
• Not necessarily.  The bank has already paid out a lot of money in court costs, attorney fees, possibly eviction expense, and now they are paying Realtor fees.  They are going to list the property at market value. 
• How is buying a Bank-Owned property different from buying a privately owned property? 
• Banks will typically require their own contract or will add their addenda to the standard purchase contract.  These contracts or addendas remove a lot of liability from the banks during the sale. 
• Banks will often offer to pay escrow fees and owner's title insurance premiums if you use their chosen escrow company. 
• Banks are not required to provide a seller's real property disclosure. 
• If the bank offers an owner-occupant "first look" period, and an owner-occupant buys during this period when investor's are not allowed to compete, the bank may put a restriction on resale in the deed, preventing the new owner from re-selling the property for a year or so.
• How can I make my offer most appealing to the bank? 
• Unfortunately, this is not always clear.  Some banks look ONLY at price and simply take the highest offer.  Some banks look for the cleanest offer and expect to see zero contingencies or seller-paid expenses.  
• There is a house in my neighborhood that is bank owned?  Why isn't it on the market yet? 
• Banks will often take "deed in lieu" of foreclosure.  When this happens, it hasn't gone through the regular foreclosure process so there could be other liens or issues involved.  The bank may be working to clear title before they can list it. 
• Some banks have too many houses to list or don't want to flood the market. 
• How can I contact the bank about a house they own? 
• Good luck!  If you figure this one out, please let me know!
• How can I see all the bank-owned listings on the Big Island? 
• Click here!   

Judicial Auction vs Bank-Owned vs Traditional

 

	Judicial Foreclosure	Bank-owned sale	Regular sale
How do I buy it?	Must win the in-person auction, have the auction approved at court confirmation, and get through an escrow process. No contract.	Could be an auction style or an offer situation.  Check with your Realtor for details. Bank contract or bank addendums added to standard contract.	Submit an offer on a standard Hawaii purchase contract form.
Do I need a Realtor?	No, but if you haven’t been through the process, you would be much better off with one.  You will need to compensate your Realtor directly.	No, but this is a lot to navigate so you would be better off with a Realtor.  Typically, the buyer’s Realtor is compensated by the seller.  Confirm with your Realtor.	No, but as always, you  would be better off with a Realtor.  Typically, the buyer’s Realtor is compensated by the seller.  Confirm with your Realtor.
Who removes the occupant if there is one?	You	Typically banks remove occupants prior to listing.  If they cannot remove the occupant, they will list it as occupied and then you are responsible for removal, but this is always clearly stated in the bank listing.	Negotiable.
Can I use a mortgage?	In some cases, but this is very risky. See FAQ for more details.	Some listings are cash only, some can use lending.  Clearly stated in the listing.	Some listings are cash only, some can use lending.  Clearly stated in the listing.
What if I find something wrong during escrow?	There are no options for exiting the transaction and no one to fix any issues.  If you don’t complete, you could lose your 10% deposit.	If there is a physical issue that will prevent lending, the bank may make the repair.  If not, and you’re still within your inspection contingency period, you should be able to exit the transaction and recoup your deposit.	Negotiable.  If you are still within you contingency period and choose not to move forward due to the issue, you should be able to recoup your deposit.
Will I be able to get title insurance?	Hopefully, but not guaranteed.	Sometimes banks know there are title issue, and if so they make that very clear in the listing.  Otherwise, yes, you will get title insurance.	Yes, unless otherwise noted.
Who pays for escrow, title insurance, etc.	You pay for 100% of everything.	The bank usually offers to pay for escrow and owner’s policy if you use their chosen escrow company.	This is negotiable but these fees are typically split between buyer and seller per the Hawaii Purchase Contract.
Are there restrictions regarding future sale?	No	Sometimes.  When bank-owned properties give “first look” to owner-occupants, and an owner-occupant buys the property before investors are allowed to make competing offers, the bank will typically prevent resale within the first year or so to prevent flipping.	Not usually.

 

Judicial Foreclosure Auctions FAQ

• What is a Judicial Foreclosure Auction?
• When a home owner fails to pay the mortgage, the lender can file for foreclosure.  Once the lender obtains a judgment against the owner, the property is sold at auction to satisfy the judgment.  
• Second mortgages and Homeowner Associations can also file for foreclosure.  Make sure you know WHO is foreclosing!!  If an association forecloses, and you win at auction, you will become the owner, but the mortgages remain in place and they can foreclose later if you don't make arrangements to pay the mortgages.  Same with a second mortgage, if they foreclose, this may not remove the first mortgage.  
• Why does the bank bid at auction?  
• The bank does not want the property, but they do want to recoup the amount they loaned out plus their interest and fees.  In order to do this, they bid at auction.  If they are the winning bidder, they then take ownership of the property and later sell it as a Bank-Owned sale.  
• How much does the bank bid? 
• This is unknown.  Some banks bid exactly what they are owed in principal, interest, and legal fees, regardless of condition or market value.  This is most common.  Some banks bid less than what is owed, some bid more than what is owed.  There is no formula, and typically no sense to it.  The only way to know how much the bank will bid is to show up at auction. 
• The bank only bids once, and usually first.  Once you hear the bank's bid, any increased bidding will come from third party bidders only. 
• Where are they held? 
• The auctions are typically held at "the flagpole" at the Hilo Courthouse, the Kona Courthouse, or Hale Halawai in Kona.  (There is no flag on the flagpole at Hale Halawai so just look for the big pole, not a flag.)  I have also seen them held in front of attorney's offices, but this is very rare.
• Do I get to see the property? 
• Sometimes!  The commissioners are supposed to hold two open houses.  The only times open houses are not held is when the commissioner receives a court order not to hold them due to uncooperative occupants or unsafe conditions.  I've seen some commissioners abuse this and avoid open houses no matter what, but most commissioners do their best to convince the occupants to allow open houses.  
• What do I need to do? 
• Required:  Attend the auction with 10% of your max bid price in cash or cashier's check made out to the commissioner.  When you arrive, you will privately show your check to the commissioner prior to bidding so they know you are eligible to bid.  (If you win, be sure to ask for a receipt from the commissioner when you hand over your funds.) 
• Suggested:  Do all due diligence!  
• Obtain a fact sheet from the commissioner (handed out at open houses.) 
• These typically show the amount owed, which is helpful in determining how much might be bid by the bank at auction.
• Talk to the commissioner!  Some are very helpful, some are worthless.  This guide is a general overview, and each commissioner might want you to do things slightly different.  If you're planning to bid, make sure you're following that specific commissioner's requirements.  
• See the open house
• Two are held and this is your only opportunity to see the property. 
• If you love it on your first visit, consider taking your contractor, your lender, your guru, anyone you can think of to the 2nd open house.  
• Take a flashlight!  Many times utilities are not on. 
• If it is occupied, you may want to ask the commissioner: 
• Is occupant an owner or tenant?
• Has occupant stated they are trying to move?
• Is tenant is paying rent?  (The tenant is supposed to pay rent to the commissioner.) 
• Request a preliminary title report from a title company
• Check the court website to make sure all liens are being foreclosed. 
• Make sure you know if this is a primary, secondary, or association foreclosure!!  
• Be prepared for the process to take several more months before it is yours. 
• What are the risks? 
• There are many potential risks, including but not limited to: 
• Undisclosed/unknown liens on title or issues with chain of title. 
• Undisclosed/unknown issues with the structure, plumbing, electrical, etc. 
• Occupants unwilling to leave
• Market changes while you wait through the lengthy court confirmation and escrow process. 
• What are the costs? 
• Winning bidder pays: 
• Conveyance tax
• Escrow fees
• Title insurance (if available and desired) 
• No more than 6 months of past association dues, if owed. 
• It is a reasonable assumption that if the owner wasn't paying his/her mortgage, they were also not paying their association dues.  I always add 6 months of dues to my calculations. 
• If the association already foreclosed and is renting the unit (common) then there won't be dues owed. 
• State of Hawaii caps back dues at 6 months. 
• Back taxes if owed. Typically banks keep the taxes current, but you can confirm at the county tax website.  
• Who removes the occupant? 
• As the winning bidder, it is up to you to remove the occupant.  Removing an unwilling occupant in Hawaii County is very challenging.  
• What if I change my mind? 
• You give 10% to the commissioner at the time of the auction.  There is no guarantee that any of this will be returned to you if you change your mind or can't come up with the balance.  I have heard that the judge will sometimes allow return of a portion of the 10% deposit after paying for the commissioner's time and re-advertisement of the auction, but I have not actually seen this happen.  Don't plan getting any of your 10% deposit back if you cannot complete the purchase! 
• Can I buy with a mortgage? 
• Maybe, but this is very risky!  
• The commissioner will need to allow an appraiser in during the court confirmation period.  Most that I have asked have agreed to this, but one refused.  Make sure prior to bidding that the commissioner will allow this. 
• Nothing can be fixed, utilities cannot be turned on, etc.  If your lender will require utilities on for appraisal, but utilities are not on, you're out of luck.  If the appraiser sees a health and safety issue that prevents the lender for issuing the loan, even as simple as needing straps on a water heater, you're out of luck.  
• If you don't have a back-up plan to lending, and you can't get the loan to work out, you may lose your entire 10% deposit. 
• A much better choice is to have cash, or to pull a home equity line or cash-out refi from an already-owned property.  
• How do I find out about upcoming foreclosure auctions?
• All auctions are supposed to be advertised in the paper.  I check both the Hawaii Tribune Herald and the West Hawaii Today.  I put every listing on a foreclosure calendar for your convenience.    
• Oops, I missed the auction.  Can I still bid? 
• Maybe!  Call the commissioner to find out when the court confirmation hearing is.  If you attend, and give the judge a compelling reason, he/she may decide to re-open bidding at the confirmation hearing.  Typically, you'll need to bid 5% above the highest bid to begin.  Be sure to bring your 10%.  
• Does this seem daunting?  You can hire me to be your real estate agent through the process.  

Do you have a question I didn't answer?  Please post it in the comments below.  

Judicial Foreclosure Auctions VS County Tax Auction

Type:	BANK/MORTGAGE	COUNTY TAX
How often?	Any time	Two times per year
Where are they posted?	Newspaper (West Hawaii Today and Hawaii Tribune Herald)	Newspaper & Hawaii County Tax Sale Website
Open Houses	Maybe – Depends on Commissioner, occupant and safety.	No – mostly raw land – do drive-bys
Payment	10% at auction, cashier’s check made out to Commissioner.  Excess held by commissioner in trust account or might be returned upon request, depending on commissioner.	Must pay in full at time of bidding.  Cashier’s check made out to yourself, excess returned to you in form of county check.
When do you own it?	There is a court confirmation approximately 30 days after the auction.  At this time the judge may be asked to reopen bidding, and if he/she chooses to do that, bidders must outbid you by 5% or more.  You are allowed to bid again to keep your position, as long as your 10% still covers your increased bid.  After the bid is confirmed by the court, another 30-60 days for escrow and it’s yours.	Immediately.  But, the county takes forever to draft and record the deed, so you are in limbo while that happens.  You supposedly have full rights the minute the bidding ends, but they are hard to enforce without a deed.  For one year from auction there is a right of redemption for the prior owner.
Due Diligence	Ask for Fact Sheet.  Purchase a preliminary title report (sometimes the Commissioners have been provided prelims from the bank and will share a copy with you).  Check court record to make sure all lien holders are named in the foreclosure suit.	County tapes “Litigation Guarantees” to the tables at the auction for bidders to review.  You can also go to the Hilo tax office prior to the auction and review these in the office.  (Must leave your driver’s license to “check them out” to review at the desk.)
Are all liens extinguished?	Any liens that are named in the foreclosure suit are extinguished.  Any others may still be valid.	Yes… but not automatically.  Legally anything below county tax lien is supposed to be invalidated by the tax sale (mortgages, construction liens, etc, but not STATE or FED tax liens)   However, in order to remove them, you may need to take legal action.  If there is a surplus (amount bid over the “upset price”) the county writes to all lien holders and offers the surplus to the lienholders in order of lien date, so in some cases they will be paid off by the county.  If a surplus still remains after liens are paid, the prior owner may apply for it and it will be returned 2 years from auction.
Can you finance?	Maybe.  During this period between judgement and sale the commissioner is in charge of the property and makes all the decisions.  Most will allow for appraisal after auction, but I ran into one who said she would not.  Be sure to ask this question at the open house if you are interested in financing.  Also remember there is no one to fix any issues so be sure your lender won’t call out any required repairs.  This is very risky.	No (You can obtains funds out of a different property using a HELOC, cash-out refi, etc, but must have CASH auction.)
What if I change my mind?	You CAN decide to not complete the transaction, but at a cost.  Ideally you would make this decision prior to court confirmation.  You will ask the judge to let you out of the transaction and refund your 10%.  If the judge does allow you to receive funds back, the judge will direct the commissioner to re-advertise the auction, and you will be refunded your 10% less all the additional costs for advertising and commissioner’s time.  You may forfeit the entire 10% deposit.	If you change your mind in the 1 minute between final bid and turning over your cashier’s check, you can likely get out of it… (the county will announce that it wasn’t completed, and they will re-auction it at that end of the list, I’ve only seen this happen once, I do not think it is allowed.)  After you turn over your funds it’s all yours.

This website is NOT legal advice!

16-1382 Uhini Ana Road, Mountain View, Hawaii - Foreclosure Notice

From The Hawaii Tribune Herald 8/22/2021:

Notice #: 0001338689-01
Foreclosures

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NOTICE OF FORECLOSURE SALE Pursuant to the Findings of Fact and Conclusions of Law; Order Granting Plaintiff’s Motion for Summary Judgment and for Interlocutory Decree of Foreclosure Filed September 9, 2019; Exhibit “A”, entered on November 27, 2019, in Bank of New York Mellon Trust Company, N.A., as Trustee for Mortgage Assets Management Series I Trust, v. Paul Addison Crawford, et al, Civil No. 15-1-0364 (GKN), Third Circuit Court (Hilo), State of Hawaii, the undersigned Commissioner will sell the following described parcel of real property at public auction at the date, time and place set forth below. Property Description: A fee simple lot, land area of 1.868 acres, more or less. Commissioner’s property inspection indicates a two-story single-family dwelling situate at 16-1382 Uhini Ana Road, Mountain View, Hawaii. The lot is designated as Tax Map Key No. (3) 1-6-015-082. Terms&Method of Sale: Parcel and improvements thereon will be sold “AS IS”, without any warranty of title or any other warranty, to the highest bidder at public auction with NO UPSET PRICE. DATE OF SALE IS SUBJECT TO CHANGE. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. The highest bidder is required to make a down payment in cash, certified check or cashier’s check at the time of the bid in an amount not less than ten percent (10%) of the bid price. The balance of the price shall be paid in cash, certified check or cashier’s check to the Commissioner upon approval and confirmation of the sale by the Third Circuit Court. The buyer shall be responsible for paying the costs of conveyancing, including preparing documents, recordation, conveyance tax, and securing possession of the property. Open Houses: None, pursuant to Order Granting Commissioner’s Motion for Leave to Waive Open Houses or for Instructions, filed January 27, 2020 entered June 1, 2020 Public Auction: Wednesday September 22, 2021 at 12:00 Noon, at the front lanai area of Hale Kaulike (State Courthouse building), 777 Kilauea Avenue, Hilo, Hawaii 96720 *Note: Pursuant to Emergency Court Orders, auctions shall be conducted following CDC guidelines. All participants and observers must follow CDC social distancing and mask requirements as described above. No person shall participate in an auction or open house if they: (1) have a fever, cough, shortness of breath, difficulty breathing or other symptoms of respiratory illness or of COVID-19; (2) have had close or prolonged contact with a person who has or is suspected to have COVID-19; or (3) have traveled outside of Hawai’i in ten (10) days prior to the auction or open house and have not satisfied the negative test exception to the mandatory self-quarantine period, subject to any out-of-state travel restrictions imposed through Statewide or County emergency orders, rules or proclamations. For more information: Contact Jill D. Raznov, Esq., 505 Kilauea Ave. Suite B, Hilo, HI 96720, phone: (808) 961-0055; Email: jdraznov@gmail.com. JILL D. RAZNOV, Commissioner (HTH1338689 8/22, 8/29, 9/5/21)

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485 Waianuenue Ave., Apt. 249, Hilo, HI - Foreclosure Notice

From The Hawaii Tribune Herald 8/20/2021:

Notice #: 0001338941-01
Foreclosures

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NOTICE OF FORECLOSURE SALE The undersigned Commissioner in Case No. 3CCV-20-0000355, Third Circuit Court, State of HI, will sell at public auction fee simple property located at 485 Waianuenue Ave., Apt. 249, Hilo, HI, TMK (3) 2-3-016-066-0099. DATE AND PLACE OF SALE: September 20, 2021 at 12:00 noon, at Hale Kaulike, 777 Kilauea Ave., Hilo, HI. TERMS OF SALE: The property shall be sold “as is” with no upset price. Ten percent of the highest bid shall be paid down in cash, money order, cashier’s or certified check. Plaintiff may satisfy the down payment by way of offset up to the amount of its secured debt. The purchaser shall pay closing costs, costs of conveyance, recordation, and costs of possession. The sale shall not be final until approved by the Court. OPEN HOUSES: August 28 and September 4, 2021 from 8:00 to 10:00 a.m. Contact CLAYTON E. CHONG, CHONG&CHONG, P.O. Box 1483, Hilo, HI 96721 ; 937-2337. (HTH1338941 8/20, 8/27, 9/3/21)

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75-6082 Alii Drive #A102, Kailua-Kona, Hawaii 96740 Foreclosure Notice

From West Hawaii Today 8/19/2021: 

Notice #: 0001338777-01
Foreclosures

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NOTICE OF FORECLOSURE SALE ACTION: WILMINGTON SAVINGS FUND, SOCIETY, FSB, DOING BUSINESS AS CHRISTIANA TRUST, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR BCAT 2020-1TT V. PAUL FRANCIS NANGLE, JR.; NANCY EILEEN NANGLE; CASE DE EMDEKO; ET AL; Civil No. 3CC14100023K (Foreclosure), Circuit Court of the Third Circuit (Kona). PROPERTY DESCRIPTION: Case De Emdeko, 75-6082 Alii Drive #A102, Kailua-Kona, Hawaii 96740. Apartment Square Feet: 736. TMK No.: (3) 7-5-020-007-0002. OPEN HOUSES: SATURDAY, AUGUST 28, 2021 FROM NOON TO 2:00 PM and SATURDAY, SEPTEMBER 11, 2020 FROM NOON TO 2:00 PM. AUCTION DATE: FRIDAY, SEPTEMBER 24, 2021 AT NOON, at the flagpole at Hale Halawai, Kailua-Kona, HI. TERMS OF SALE: No upset price. Property is sold in “AS IS” condition, without any representations or warranties whatsoever as to title or possession and by way of a quitclaim conveyance by public commissioner’s sale. Plaintiff and all parties are hereby authorized to purchase the mortgaged property at the foreclosure sale. The successful bidder at the sale shall make a down payment to the Commissioner in an amount not less than ten percent (10%) of the highest successful bid price. This payment shall be in cash, money order, by cashier’s check or by certified check, provided that Plaintiff may satisfy the down payment by way of offset up to the amount of its secured debt. Prior to bidding, any person not authorized to credit bid must show the Commissioner such person’s present ability to make the required down payment immediately upon the close of the bidding. At the Court’s discretion, the 10% down payment may be forfeit in whole or in part if the purchaser fails to pay the balance of the purchase price. Sale subject to court confirmation. All costs and expenses of the closing of the sale, including without limitation, the costs of conveyance, conveyance tax, escrow and recording fees, any proof of title or title insurance, as well as the cost of securing possession of the mortgage property, shall be the responsibility of and paid by the purchaser. Neither the availability of title insurance nor securing possession of the mortgaged property shall be a condition of closing. COMMISSIONER: For further information and fact sheet, please contact R. HERMANN HEIMGARTNER, ATTORNEY AT LAW LLLC, Commissioner; P.O. Box 1839, Kailua-Kona, HI 96745; Telephone 808-756-7022; email: Hermann@Kona.Attorney ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY THE PURCHASER BEFORE BIDDING. (WHT1338777 8/19, 8/26, 9/02/21)

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54-2536 Kynnersley Road, Kapaau, HI - Foreclosure Notice

From West Hawaii Today 8/17/2021:

Notice #: 0001338616-01
Foreclosures

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NOTICE OF FORECLOSURE SALE By order of the Third Circuit Court, Civil No. 19-1-004K (3CC19100004K), Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital 1 Inc. Trust 2006-HE3, Plaintiff, vs. Nancy Mila Carpio, Eddie A. Carpio, Partners for Payment Relief DE II, LLC, and Does 1-50, Defendants, the property at 54-2536 Kynnersley Road, Kapaau, HI, TMK (3) 5-4-011-003 will be sold at public auction. Property is taxed as a 936 sq. ft. 3 bedroom, 1 bath residence on a 15,000 sq. ft. lot. Built in 1952. Fee simple. Open House: NONE by court order. Auction Sale: Thursday, September 16, 2021 at 12:00 p.m. at the flagpole at Hale Halawai Park located at 75-5760 Ali’i Dr., Kailua-Kona. COVID face masks are required. Terms of Sale: Property sold “AS IS” and “WITH ALL FAULTS” by commissioner at public auction with no representations or warranties whatsoever. No upset price. The high bidder must make a 10% down payment in cash, certified, or cashier’s check at the close of the auction. Balance payable at the delivery of title. Mortgage holder may credit bid. Bidders must show their 10% payment prior to auction. The down payment may be forfeited if the successful bidder fails to pay the purchase balance as directed by the Court. Buyer shall be responsible for obtaining possession and shall pay all costs of closing, escrow, conveyance fees and taxes. The buyer is responsible for verifying all property information and title, as information provided is not guaranteed. Sale subject to court approval at the confirmation hearing. Court may reopen bidding at the hearing for good cause. For further information, contact Robert J. Borns, Esq., Commissioner, 75-165 Hualalai Road, Ste. 201, Kailua-Kona, HI 96740; Phone (808) 326-9876. Email: bob@konawill.com. (WHT1337616 8/17, 8/24, 8/31/21)

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75-6081 Ali’i Drive, Unit AA104 Kailua-Kona, Hawaii 96740 - Foreclosure Notice

From West Hawaii Today 8/16/2021:

Notice #: 0001337783-01
Foreclosures

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SECOND NOTICE OF POSTPONEMENT OF FORECLOSURE SALE BY AUCTION Pursuant to the Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Default Judgment and Summary Judgment and Decree of Foreclosure Against All Defendants on Complaint Filed September 30, 2019; Exhibit A filed on April 20, 2021 in Civil No. 19-1-0209K, Third Circuit Court in the State of Hawaii, the undersigned Commissioner has been directed to sell the following described property at public auction. DESCRIPTION: Fee Simple Apartment Located at 75-6081 Ali’i Drive, Unit AA104 Kailua-Kona, Hawaii 96740 TMK: (3) 7-5-020-073 CPR 0228 Clean and well-kept three (3) bedroom/two (2) bath apartment in Ali’i Lani in downtown Kailua-Kona, Hawaii. District area schools are Kealakehe Elementary, Intermediate and High Schools. This serves as notice that the auction scheduled for August 6, 2021 at noon at the flagpole at Hale Halawai is postponed. The new auction date is September 1, 2021 at noon at the flagpole at Hale Halawai. For further details and legal description contact: SHAWN MAILE NAKOA, ESQ. Rush Moore LLP A Limited Liability Law Partnership 75-167 Kalani Street, Suite 105 Kailua-Kona, Hawaii 96740 Telephone No.: (808) 324-7575 Commissioner (WHT1337783 8/16/21)

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737 W. Kawailani Street, Hilo, HI 96720 - Foreclosure Notice

 From Hawaii Tribune Herald 8/16/2021:

Notice #: 0001314254-01
Foreclosures

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NOTICE OF FORECLOSURE SALE The undersigned Commissioner in Civil No. 14-1-018, Third Circuit Court, State of Hawaii, will sell at public auction the following property at tmk: (3) 2-4-041-021, 737 W. Kawailani Street, Hilo, HI 96720. DATE AND PLACE OF SALE: September 14, 2021, Tuesday, 12 noon, front entrance, Hale Kaulike Courthouse, 777 Kilauea Avenue, Hilo, HI. TERMS OF SALE: The property shall be sold “as is” with no upset price. Ten percent of the highest bid shall be paid down in cash or cashier’s check. Plaintiff may satisfy the down payment by way of offset up to the amount of its secured debt. The purchaser shall pay closing costs, escrow fees, title insurance, conveyance costs, recordation and costs of securing possession. The sale shall not be final until approved by the Court. OPEN HOUSES: August 25 and 31, 2021, 9:00 – 11:00 a.m. Contact Curtis E. Chong, P.O. Box 1483, Hilo, HI 96721; (808) 756-1621. (HTH1314254 8/16, 8/23, 8/30/21)

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12-443 Diamond Head Drive, Pahoa, HI 96778 - Foreclosure Notice

 From Hawaii Tribune Herald 8/16/2021:

Notice #: 0001338083-01
Foreclosures

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NOTICE OF FORECLOSURE SALE Pursuant to Plaintiffs FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER GRANTING MOTION FOR SUMMARY SUMMARY JUDGMENT AGAINST DEFENDANT CECILE LABONVILLE in the case entitled AMERICAN SAVINGS BANK, F.S.B., a federal lending bank vs. CECILE LABONVILLE, et. al., Civil No. 3CCV-21-0000065, filed in the Circuit court of the Third Circuit, State of Hawaii, the Court-appointed Commissioner will sell the following described property at public foreclosure sale at the date and time set forth below: Property Description: Property located at 12-443 Diamond Head Drive, Pahoa, HI 96778, Tax Map Key No. (3) 1-2-027-044. The property consists of a home built in 1985 with 3 bedrooms and 1 bathroom. The house is 864 sq. ft. and is on a 7,935 sq. ft. lot. The house is double wall construction. Open Houses: Saturday, September 4, 2021 10:00 a.m. to 1:00 p.m. Sunday, September 12, 2021 10:00 a.m. to 1:00 p.m. Centers for Disease Control and Prevention (“CDC”) guidelines are to be observed at any open house or auction. This includes social distancing and mask wearing guidelines. DATE AND LOCATION OF SALE: The property (house and lot) shall be sold on Wednesday, September 15, 2021, at 12:00 noon at or near the flagpole and front entrance to the Hale Kaulike (new State Court Building), 777 Kilauea Avenue, Hilo, Hawaii. Please observe CDC protocols including wearing masks and maintaining 6 foot distancing from other bidders. TERMS OF SALE: There shall be no upset price. The property shall be sold “as is”, “where is” condition without warranties of any nature, express or implied, to the highest bidder. Plaintiff, and all parties are authorized to purchase the property at the foreclosure sale. The successful bidder at the sale shall make a down payment to the Commissioner in an amount not less than ten percent (10%) of the highest successful bid price at the fall of the hammer in cash or certified cashier’s check, the balance of the purchase price to be paid concurrently with the conveyance of the Property to the purchaser. Plaintiffs are authorized to be a purchaser at said sale and the amount determined by this Court to be due and owing to Plaintiffs under the mortgage note at issue may be credited against the total bid price which Plaintiffs shall make at said sale. If Plaintiffs are the successful bidder at said sale, the ten percent (10%) down payment will not be required of Plaintiffs up to the amount of its secured indebtedness. Prior to bidding, any person not hereby authorized to credit bid must show the Commissioner such person’s present ability to make the required down payment in such form as the commissioner may determine. At the Court’s discretion, the 10% down payment may be forfeited in full or in part if the purchaser shall fail to pay the balance of the purchase price as hereinafter set forth. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale. All costs and expenses of closing, including without limitation, the costs of conveyance, preparation of the conveyance document, conveyance tax, escrow and recording fees, any proof of title or title insurance, and notary fees, as well as the costs of securing possession of the Property, shall be the responsibility of and paid by the purchaser. Neither the availability of title insurance nor securing possession of the Property shall be a condition of closing. The sale shall not be final until approved and confirmed by the Court. Commissioner: For fact sheet or other information, contact: PHILLIP L. CAREY, 688 Kinoole Street, Suite 105, Hilo, HI 96720. Tel # (808) 934-9711. careylaw@hawaii.rr.com. (HTH1338083 8/16, 8/23, 8/30/21)

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