68-1773 Auhili Loop Waikoloa, Hawaii 96738 - Foreclosure Notice

 

From West Hawaii Today 11/29/2021:

Notice #: 0001351226-01
Foreclosures

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NOTICE OF FORECLOSURE SALE BY AUCTION Pursuant to the Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Summary Judgment Against All Defendants and for Interlocutory Decree of Foreclosure; Exhibit “A” filed on October 27, 2021 in Civil No. 3CC19100019K, 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 Home Located at 68-1773 Auhili Loop Waikoloa, Hawaii 96738 TMK: (3) 6-8-010-036-0000 OPEN HOUSES: January 8, 2022; 10:00 a.m. – noon January 15, 2022; 10:00 a.m. – noon AUCTION: January 18, 2022, 12:00 p.m. noon at the flagpole at the new court house in Kona (Keahuolu Courthouse), located at 74-5451 Kamakaeha Avenue Kailua-Kona, Hawaii. TERMS OF SALE: 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. Such sale shall not be final until approved by the Court. 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. Bidders must conduct their own investigation as to any encumbrances that may affect this property. Bidders shall be responsible for their own due diligence as to title and all other issues for this property. SALE IS SUBJECT TO COURT CONFIRMATION. 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 (WHT1351226 11/29, 12/6, 12/13/21)

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64-444 Leleaka Loop, Kamuela, HI 96743 - Foreclosure Notice

 

From West Hawaii Today 11/28/2021: 

Notice #: 0001351472-01
Foreclosures

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NOTICE OF FORECLOSURE SALE 64-444 Leleaka Loop, Kamuela, HI 96743 TMK 3-6-4-011-033-0000 Pursuant to the FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND/OR DEFAULT JUDGMENT AGAINST ALL DEFENDANTS AND FOR INTERLOCUTORY DECREE OF FORECLOSURE; EXHIBIT “A”, filed September 26, 2019 in U.S. Bank, N.A. etc. vs. Jeff N. Dela Cruz, et al, Civil No. 18-1-077K, the undersigned Commissioner has been appointed to sell the above described property at public auction as follows: Property Description: Building 1: 3 BR, 1 BA, 1,166 sq. ft. Building 2: 2 BR, 1 BA, 896 sq. ft. Open Houses: None Per Court Order Auction: TUESDAY, December 28, 2021, at 12:00 noon At the flag pole fronting Keahoulu Courthouse, 74-5451 Kamakaeha Avenue, Kailua-Kona, Hawaii 96740 All auction and open houses participants must follow CDC social distancing and mask requirement in compliance with First Amended Emergency Order #6 Regarding Foreclosures Cases filed in the Circuit court of the Third Circuit, Filed June 4, 2021 (3CSP-20-0000021) TERMS OF SALE: Property is to be sold “AS IS” to the highest bidder with no upset price. Not less than ten percent (10%) of the highest successful bid price in cash or certified check must be deposited with Commissioner at the close of auction, 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 the present ability to make the required down payment in such form immediately upon the close of bidding. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale and concurrently with delivery of the documents transferring title, provided that if Plaintiff is the purchaser, Plaintiff may satisfy the balance of the purchase price by way of offset up to the amount of its secured debt. At the Court’s discretion, the 10% down payment may be forfeited in full or part if the purchaser shall fail to pay the balance of the purchase price upon Court confirmation. All costs and expenses of closing including the costs of conveyance, preparation of the conveyance document, conveyance tax, escrow, if requested by purchaser, recording fees, any proof of title or title insurance, and notary fees, as well as other costs of securing possession of the Mortgaged Property, shall be the responsibility of and paid by the purchaser. Neither the availability of the title insurance nor securing possession of the Mortgaged Property shall be a condition of closing. SALE IS SUBJECT TO COURT CONFIRMATION. ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY PURCHASER BEFORE BIDDING. For further legal description, information and/or photographs contact ASIA VANAVICHAI, Commissioner, P.O. Box 593, Kailua-Kona, HI 96745 (mailing), e-mail: avanavichai@aol.com, phone (808) 345-9917. ASIA VANAVICHAI Commissioner (WHT1351472 11/28, 12/05, 12/12/21)

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11-3106 Hibiscus St., Mt. View, HI - Postponed Foreclosure Notice

 

From Hawaii Tribune Herald 11-19-21:

Notice #: 0001349900-01
Foreclosures

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NOTICE OF POSTPONED FORECLOSURE SALE The undersigned Commissioner in Case No. 3CC131000101, Third Circuit Court, State of HI, will sell at pubic auction fee simple property located at 11-3106 Hibiscus St., Mt. View, HI, area 2 acres, more or less, TMK (3) 1-1-036-161. DATE AND PLACE OF SALE: December 6, 2021 at 12:15 p.m., at front entrance to Hale Kaulike Courthouse, 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. Contact CLAYTON E. CHONG, CHONG&CHONG, P.O. Box 1483, Hilo, HI 96721; 937-2337. (HTH1349900 11/19/21)

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16-2069 Leilani Drive, Ainaloa, Hawaii - Foreclosure Notice

 

From Hawaii Tribune Herald 11-19-21:

Notice #: 0001345324-01
Foreclosures

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NOTICE OF FORECLOSURE SALE COURT ACTION: Elizon Master Participation Trust I, U.S. Bank Trust National Association, as Owner Trustee v. Olga Rozhik, et al., Civil No. 3CCV18-1-0000127 DESCRIPTION: Lot: 12,000 square feet, more or less Structure: 3- bedroom, 2-bath 1,688 sq. ft. dwelling LOCATION: Lot 21, Block 49, Map 70, Application No. 1053, commonly known as 16-2069 Leilani Drive, Ainaloa, Hawaii, Turn left onto Keaau Bypass, Highway 130, continue to follow Highway 130. Enter next round-about and take the first exit onto Ainaloa Boulevard. Turn left into Leilani Drive. Property is unoccupied. Interested person should conduct their own investigation. TAX MAP KEY: (3) 1-6-093-056 ZONING: Residential OPEN HOUSE: Date: Saturday, December 4, 2021 Time: 8:00 a.m. to 10:00 a.m. Date: Saturday, December 11, 2021 Time: 8:00 a.m. to 10:00 a.m. AUCTION DATE: Date: Friday, December 17, 2021 Time: 12 noon Place: Front Entrance to Hale Kaulike 777 Kilauea Avenue, Hilo, Hawaii TERMS OF SALE: The Commissioner shall set the Property at a public or private sale. In the event that 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 that 10% of the successful bid price, with the exception of Plaintiff, who may use the amount of its secured indebtedness as the required 10% down payment. The balance shall be paid concurrently with delivery of the documents transferring title. At the Court’s discretion, 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 set forth by the Court. In no event shall reasonable damages be greater than 10% of the purchase price. Plaintiff, or their designee, is authorized to be a purchaser at any sale, 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. The purchaser shall pay closing costs, including, but not limited to costs for escrow fees, title insurance premiums, conveyance document preparation fees, prorate 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: Kathleen Kentish Lucero, Commissioner 159 Hualalai Street Hilo, Hawaii 96720 Email: suzanne.lucerolaw@gmail.com (HTH1345321 11/19, 11/23, 12/3/21)

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73-1735 Kaloko Drive, Kailua-Kona, Hawaii 96740 - Foreclosure Notice

 

From West Hawaii Today 11/18/2021: 

Notice #: 0001349802-01
Foreclosures

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NOTICE OF FORECLOSURE SALE ACTION: AMERICAN SAVINGS BANK, F.S.B., vs. SESHAGIRI RAO MALLAMPATI, DOE DEFENDANTS 1-10; Civil No. 3CCV-21-0000029 (Foreclosure), Circuit Court of the Third Circuit (Kona). PROPERTY DESCRIPTION: 73-1735 Kaloko Drive, Kailua-Kona, Hawaii 96740. 21 Acres of agricultural vacant land. TMK No.: (3) 7-3-025-012. OPEN HOUSES: SUNDAY, DECEMBER 5, 2021 FROM 12:00 NOON TO 2:00 PM and SUNDAY, DECEMBER 12, 2021 FROM 2:00 PM TO 4:00 PM. AUCTION DATE: THURSDAY, JANUARY 4, 2022 AT NOON, by flagpole at Keahoulu Courthouse, 74-5451 Kamakaeha Avenue, Kailua-Kona, Hawaii 96740. 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. (WHT1349802 11/18, 11/25, 12/2/21)

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91 Barenaba Lane, Hilo, Hawaii - Foreclosure Notice

 

From Hawaii Tribune Herald: 

Notice #: 0001350214-01
Foreclosures

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NOTICE OF FORECLOSURE SALE COURT ACTION: Pursuant to the Findings of Fact, Conclusions of Law And Order Granting Plaintiff’s Motion For Summary Judgment Against All Defendants And for Interlocutory Decree of Foreclosure filed on November 27, 2020 in REVERSE MORTGAGE SOLUTIONS, INC. vs. MARSHALL D. CHINEN, ESQ., As Personal Representative of the Estate of Jack Thomas aka Jack Louis Thomas et al., Civil No. 19-1-000099 filed in the Circuit Court of the Third Circuit, 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. DESCRIPTION OF PROPERTY: All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Land Patent Grant Number 5122 to Eugene H. Lyman) situate, lying and being at Ponahawai, south Hilo, Island and County of Hawaii, State of Hawaii, being Lot 9-A,of the “WAILOA HEIGHTS LOTS”. TMK NO. (3) 2-2-019-007-0000. (91 Barenaba Lane, Hilo, Hawaii). DATE, TIME AND PLACE OF SALE: The public auction will take place on December 22, 2021 at 12:00 noon at Ululani Professional Center located at 899 Ululani Street, Suite 4 in Hilo, Hawaii. TERMS AND METHOD OF SALE: The property will be sold “AS IS” to the highest bidder at public auction with NO UPSET PRICE. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. The highest bidder is required to make a down payment in cash, or its’ equivalent at the time of the bid in an amount equal to ten percent (10%) of the bid price. The balance of the purchase price shall be paid by way of cash, certified or cashier’s check to the Commissioner upon approval and confirmation of the sale by the Circuit Court of the Third Circuit and tender of the document transferring title. The buyer(s) shall be responsible for paying the costs of conveyancing, including escrow fees, preparing documents, recordation, conveyance tax, and securing possession of the property. OPEN HOUSE: Open house is by appointment only. NOTE: All CDC guidelines apply for any open house and auction attendees. Mask is required and a physical distance of six foot maintained. FOR FURTHER INFORMATION: Contact: Douglas L. Halsted, Commissioner 899 Ululani Street, Suite 4 Hilo, Hawaii 96720 Tel. No. (808) 961-5566 Facsimile (808) 961-5972 Email: halstedlaw@hawaiiantel.net (HTH1350214 11/17, 11/24, 12/1/21)

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73-4180 Malino Dr. - Open House Video

Foreclosure notice:  73-4180 Malino Dr.

Fact sheet:  73-4180 Malino Dr. fact sheet

73-1081 Mahilani Dr. - Open House Videos

Foreclosure Notice:  73-1081 Mahilani Dr. 

Face Sheet:  73-1081 Mahilani Dr. Fact Sheet

 

75-5778 Kaila Place, Kailua-Kona, Hawaii 96740 - Foreclosure Notice

 

From West Hawaii Today 11/11/21:

Notice #: 0001349164-01
Foreclosures

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NOTICE OF FORECLOSURE SALE 75-5778 Kaila Place, Kailua-Kona, Hawaii 96740 TMK 3-7-5-028-034-0000 Pursuant to the FINDINGS OF FACT AND CONCLUSIONS OF LAW; ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGEMNT AND/OR DEFAULT JUDGMENT AND FOR INTERLOCUTORY DECREE OF FORECLOSURE FILED OCTOBER 21, 2019; EXHIBIT “A”, filed March 24, 2020 in Wilmington Savings Fund etc. vs. David J. Radosh, et al, Civil No. 19-1-029K, the undersigned Commissioner has been appointed to sell the above described property at public auction as follows: Property Description: 4 BR, 3 BA, 2,942 sq. ft. Open Houses: None Per Court Order Auction: Friday, December 10, 2021, at 10:00 a.m. At the flag pole fronting Hale Halawai, Kailua-Kona, Hawaii. All auction and open houses participants must follow CDC social distancing and mask requirement in compliance with First Amended Emergency Order #6 Regarding Foreclosures Cases filed in the Circuit court of the Third Circuit, Filed June 4, 2021 (3CSP-20-0000021) TERMS OF SALE: Property is to be sold “AS IS” to the highest bidder with no upset price. Not less than ten percent (10%) of the highest successful bid price in cash, money order, by cashier’s check or by certified check must be deposited with Commissioner at the close of auction, 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 the present ability to make the required down payment in such form immediately upon the close of bidding. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale and concurrently with delivery of the documents transferring title, provided that if Plaintiff is the purchaser, Plaintiff may satisfy the balance of the purchase price by way of offset up to the amount of its secured debt. At the Court’s discretion, the 10% down payment may be forfeited in full or part if the purchaser shall fail to pay the balance of the purchase price upon Court confirmation. All costs and expenses of closing including the costs of conveyance, preparation of the conveyance document, conveyance tax, escrow, if requested by purchaser, recording fees, any proof of title or title insurance, and notary fees, as well as other costs of securing possession of the Mortgaged Property, shall be the responsibility of and paid by the purchaser. Neither the availability of the title insurance nor securing possession of the Mortgaged Property shall be a condition of closing. SALE IS SUBJECT TO COURT CONFIRMATION. ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY PURCHASER BEFORE BIDDING. For further legal description, information and/or photographs contact ASIA VANAVICHAI, Commissioner, P.O. Box 593, Kailua-Kona, HI 96745 (mailing), e-mail: avanavichai@aol.com, phone (808) 345-9917. ASIA VANAVICHAI Commissioner (WHT1349164 11/11, 11/18, 11/25/21)

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73-4178 Malino Pl, Kailua-Kona, HI 96740 - Foreclosure Notice

 

From West Hawaii Today 11/11/2021:

Notice #: 0001349163-01
Foreclosures

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NOTICE OF FORECLOSURE SALE 73-4178 Malino Pl, Kailua-Kona, HI 96740 TMK 3-7-3-038-064 Pursuant to the FINDINGS OF FACT; CONCLUSIONS OF LAW; ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AS AGAINST ALL DEFENDANTS AND FOR INTERLOCUTORY DECREE OF FORECLOSURE; EXHIBIT “A”, filed December 20, 2019 in Wells Fargo Bank, N.A etc. vs. Christopher S. Young, et al, Civil No. 19-1-008K, the undersigned Commissioner has been appointed to sell the above described property at public auction as follows: Property Description: 3 BR, 2 BA, 1,416 sq. ft. Open Houses: None Per Court Order Auction: Friday, December 10, 2021, at 10:00 a.m. At the flag pole fronting Hale Halawai, Kailua-Kona, Hawaii. All auction and open houses participants must follow CDC social distancing and mask requirement in compliance with First Amended Emergency Order #6 Regarding Foreclosures Cases filed in the Circuit court of the Third Circuit, Filed June 4, 2021 (3CSP-20-0000021) TERMS OF SALE: Property is to be sold “AS IS” to the highest bidder with no upset price. Not less than ten percent (10%) of the highest successful bid price must be deposited with Commissioner at the close of auction, 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 the present ability to make the required down payment in such form immediately upon the close of bidding. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale and concurrently with delivery of the documents transferring title, provided that if Plaintiff is the purchaser, Plaintiff may satisfy the balance of the purchase price by way of offset up to the amount of its secured debt. At the Court’s discretion, the 10% down payment may be forfeited in full or part if the purchaser shall fail to pay the balance of the purchase price upon Court confirmation. All costs and expenses of closing including the costs of conveyance, preparation of the conveyance document, conveyance tax, escrow, if requested by purchaser, recording fees, any proof of title or title insurance, and notary fees, as well as other costs of securing possession of the Mortgaged Property, shall be the responsibility of and paid by the purchaser. Neither the availability of the title insurance nor securing possession of the Mortgaged Property shall be a condition of closing. SALE IS SUBJECT TO COURT CONFIRMATION. ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY PURCHASER BEFORE BIDDING. For further legal description, information and/or photographs contact ASIA VANAVICHAI, Commissioner, P.O. Box 593, Kailua-Kona, HI 96745 (mailing), e-mail: avanavichai@aol.com, phone (808) 345-9917. ASIA VANAVICHAI Commissioner (WHT1349163 11/11, 11/18, 11/25/21)

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89-786 Lani Kona Road, Captain Cook, HI 96704 - Auction Postponement Notice

 

From West Hawaii Today 11/9/2021:

Notice #: 0001349051-01
Foreclosures

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NOTICE OF POSTPONEMENT OF FORECLOSURE SALE ACTION: Home Point Financial Corp. vs. Aust, et al., Civ #19-1-0082K (Foreclosure) PROPERTY DESCRIPTION: 89-786 Lani Kona Road, Captain Cook, HI 96704, 3 bedroom(s), 2 bath(s), 2,302 sq. ft. residential dwelling in the Lani-Kona subdivision, built in 2006, land area: one (1) acre. TMK # (3) 8-9-009-025. NOTE: Property Description may be different from public tax records. INITIAL AUCTION DATE: Monday, November 1, 2021 at 12:00 pm (noon) is POSTPONED. RESCHEDULED AUCTION DATE: Wednesday, December 1, 2021 at 12:00 pm (noon) at the flagpole in front of Hale Halewai, Kailua Kona, Hawaii. TERMS OF SALE: NO UPSET PRICE. The property will be sold in “AS IS, WHERE IS CONDITION” to the highest bidder at public auction without an upset price or by private sale. Ten percent (10%) of the highest bid shall be payable in cash, certified check or cashier’s check at the close of the auction. Prior to bidding, any person not authorized to credit bid must provide proof of his or her ability to comply with the ten percent (10%) requirement. The balance of the purchase price shall be paid to the Commissioner after approval and confirmation of the sale by the Court and concurrently with the delivery of the document transferring title to the purchaser which usually occurs within thirty-five (35) days after entry of the order confirming the sale. Purchaser shall pay for all costs, including but not limited to costs of closing, escrow fees, conveyance documents, conveyance taxes and fees, recordation fees and any unpaid regular monthly common assessments assessed, if any. Purchaser shall be responsible for securing possession of the property upon recordation. Sale is subject to all real property taxes. SALE SHALL NOT BE FINAL UNTIL APPROVED BY AND SUBJECT TO COURT CONFIRMATION. For more info, contact: EDWARD J. FETZER, Commissioner, 75-5915 Walua Road, Kailua-Kona, HI 96740, Bus: (808) 557-0883; edwardfetzer@gmail.com (WHT1349051 11/9/21)

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73-4654 Old Mamalahoa Highway, Kailua-Kona, Hawai`i 96740 - Foreclosure Notice

 

From West Hawaii Today: 

Notice #: 0001348601-01
Foreclosures

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NOTICE OF FORECLOSURE SALE. The Bank of New York Mellon, etc. v. Chinen et al., 3CC18100006K; A 3 br, 1 ba, 928 sq ft residential property at 73-4654 Old Mamalahoa Highway, Kailua-Kona, Hawai`i 96740. TMK 3-7-3-008-016-0000. Pursuant to Order of Foreclosure filed May 21, 2019, undersigned Commissioner has been directed to sell the above-described real property by public auction, with NO OPEN HOUSES. AUCTION: Tuesday, December 7, 2021, 12:00 p.m.; flagpole, Hale Halawai Park, Ali`i Drive, Kailua-Kona, Hawai`i. TERMS OF SALE. No upset price. Sold in “AS IS” condition without any representations or warranties as to title or possession to highest bidder at public auction. Not less than ten percent (10%) of highest successful bid price shall be deposited with Commissioner payable in cash or cashier’s check made out to BFL Law at close of the auction. Participants must prove ability to comply prior to auction participation. Plaintiff may satisfy down payment by way of offset against amount owed under Loan documents. Balance of purchase price payable in cash or cashier’s check due upon delivery of title documents or a date as the Court shall order. 10% down payment may be forfeited if successful bidder fails to pay balance of purchase price after Court confirmation of sale. Auction may be reopened, if appropriate, by accepting bids at least 105% of auction price at confirmation hearing. Purchaser shall pay for all possession, eviction, escrow and closing costs, conveyance documents, recording costs, notary, conveyance taxes and fees and costs approved by the Court and shall be responsible for securing possession of the property. Neither availability of title insurance nor securing possession of the property shall be a condition of closing. Commissioner may require escrow with purchaser responsible for escrow costs. Sale subject to Court confirmation. Contact: Commissioner Dawn Henry Laird, BFL Law, 75-127 Lunapule Road, Suite 8B, Kailua-Kona, Hawai?i 96740; (808) 345-7662; dawn@bfl.law. (WHT1348601 11/8, 11/15, 11/22/21)

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16-2163 Aloha Dr., Keaau, HI - Foreclosure Notice

 

From Hawaii Tribune Herald 11-7-2021:

Notice #: 0001348466-01
Foreclosures

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NOTICE OF FORECLOSURE SALE The undersigned Commissioner in Civil No. 3CC181000245, Third Circuit Court, State of HI, will sell at public auction fee simple property located at 16-2163 Aloha Dr., Keaau, HI, 0.2755 acre, more or less, TMK (3) 1-06-084-104. OPEN HOUSES: November 19 and 26, 2021 from 8:00-10:00 a.m. DATE AND PLACE OF SALE: December 6, 2021 at 12:00 noon, at Hale Kaulike Courthouse, 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. Contact CLAYTON E. CHONG, CHONG&CHONG, P.O. Box 1483, Hilo, HI 96721; 937-2337. (HTH1348466 11/7, 11/14, 11/21/21)

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110 Malia Street, Hilo, Hawaii 96720 - Foreclosure Notice

 

From Hawaii Tribune Herald 11/5/2021:

Notice #: 0001340746-01
Foreclosures

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NOTICE OF FORECLOSURE SALE Pursuant to the FINDING OF FACT, CONCLUSIONS OF LAW AND ORDER GRANTING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT AS AGAINST ALL DEFENDANTS AND FOR INTERLOCUTORY DECREE OF FORECLOSURE, filed October 10, 2019, in Freedom Mortgage Corporation vs. Timothy Hand; et al., et al., Civil No. 19-1-0064, Circuit Court of the Third Circuit, State of Hawaii, the Commissioner will sell at public auction the following: PROPERTY DESCRIPTIONS: Tax Map Key No. (3) 2-4-030-068 consisting of 3 bedrooms, 1 bath, 765 square foot dwelling on 15,375 square feet, more or less, per the records of the County of Hawaii Real Property Tax Office. Property is unoccupied. PROPERTY ADDRESS: 110 Malia Street, Hilo, Hawaii 96720 (Sportsmans Paradise Lots) TAX ASSESSED VALUES: Land $128,400, Building $64,700 The Commissioner does not warrant the accuracy of information. Persons interested in bidding should do their own investigation. OPEN HOUSES: November 6 and November 13, 2021 from 8:00 a.m. 10:00 a.m. PUBLIC AUCTION DATE: Public auction will be held on November 30, 2021, at 12:00 p.m., at the front entrance of Hale Kaulike, 777 Kilauea Avenue, Hilo, Hawaii 96720. COVID-19 PROTOCOLS Protocols to curtail transmission of COVID-19 to be observed as required by law or court orders in effect as of the date of the auction. TERMS AND METHODS OF SALE: The property will be sold “AS IS” to the highest bidder at public auction with no upset price. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. The highest bidder for the property is required to make a down payment in cash, certified check, or cashier’s check at the time of the bid in an amount equal to 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 after approval and confirmation of the sale by the Court. The purchaser shall pay closing costs, including, but not limited to costs of escrow fees, title insurance premiums, conveyance document preparation fees, conveyance tax, recordation and costs of securing possession after closing. The ability of the purchaser to secure title insurance shall not be a condition of closing. FOR FUTHER INFORMATION: Contact Commissioner KATHLEEN KENTISH LUCERO, Attorney at Law, Telephone: 808-933-1252. Fact Sheet will be emailed upon request to suzanne.lucerolaw@gmail.com. (HTH1340746 11/5, 11/12, 11/19/21)

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77-6621 Walua Road, Kailua-Kona, HI 96740 - Foreclosure Notice

 

From West Hawaii Today 11/3/2021:

Notice #: 0001348226-01
Foreclosures

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NOTICE OF FORECLOSURE SALE 77-6621 Walua Road, Kailua-Kona, HI 96740 TMK 3-7-7-007-006-0000 Pursuant to the FINDINGS OF FACT, CONCLUSIONS OF LAW: ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY AND/OR DEFAULT JUDGMENT AND FOR INTERLOCUTORY DECREE OF FORECLOSURE FILED DECEMBER 18, 2019; EXHIBIT “A”, filed February 27, 2020 in The Bank of New York, etc. vs. Susie K. Kim, et al, Civil No. 18-1-054K, the undersigned Commissioner has been appointed to sell the above described property at public auction as follows: Property Description: Building 1: 4 BR, 2 BA, 1,384sq. ft. Building 2: 1 BR, 1 BA, 672 sq. ft. Property Class: Agricultural – 5.5590 acres Open Houses: None Per Court Order Auction: Friday, December 3, 2021, at 10:00 a.m. At the flag pole fronting Hale Halawai, Kailua-Kona, Hawaii. All auction and open houses participants must follow CDC social distancing and mask requirement in compliance with First Amended Emergency Order #6 Regarding Foreclosures Cases filed in the Circuit court of the Third Circuit, Filed June 4, 2021 (3CSP-20-0000021) TERMS OF SALE: Property is to be sold “AS IS” to the highest bidder with no upset price. Not less than ten percent (10%) of the highest successful bid price in cash, money order, by certified check or cashier’s check and must be deposited with Commissioner at the close of auction, 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 the present ability to make the required down payment in such form immediately upon the close of bidding. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale and concurrently with delivery of the documents transferring title, provided that if Plaintiff is the purchaser, Plaintiff may satisfy the balance of the purchase price by way of offset up to the amount of its secured debt. At the Court’s discretion, the 10% down payment may be forfeited in full or part if the purchaser shall fail to pay the balance of the purchase price upon Court confirmation. All costs and expenses of closing including the costs of conveyance, preparation of the conveyance document, conveyance tax, escrow, if requested by purchaser, recording fees, any proof of title or title insurance, and notary fees, as well as other costs of securing possession of the Mortgaged Property, shall be the responsibility of and paid by the purchaser. Neither the availability of the title insurance nor securing possession of the Mortgaged Property shall be a condition of closing. SALE IS SUBJECT TO COURT CONFIRMATION. ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY PURCHASER BEFORE BIDDING. For further legal description, information and/or photographs contact ASIA VANAVICHAI, Commissioner, P.O. Box 593, Kailua-Kona, HI 96745 (mailing), e-mail: avanavichai@aol.com, phone (808) 345-9917. ASIA VANAVICHAI Commissioner (WHT1348226 11/03, 11/10, 11/17/21)

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Re-opening bidding at court confirmation

 You may remember the post I did about the bank bidding way too much on a condo unit that smelled like pee and was tenant occupied.  Well I got word that the tenant had moved out.  All of a sudden, the price sounded much more reasonable!  

Since it was after auction, the only way to be able to bid would be to ask the judge to reopen bidding at the court confirmation.  In the past, I was always told it was very hard to get a judge to reopen bidding.  You had to provide a very good excuse for why you weren't at the auction in the first place.  (Even worse, I was in attendance but did not bid.)  I was also told that IF you could convince the judge to reopen the bidding, your bid must start at 5% above the highest bid at auction.  

Several years ago I attended a court confirmation where the bidding was reopened.  The bank had failed to send a representative to the flagpole, so the winning bidder (ME!) had gotten the property for well under what was owed.  The bank did not have to beg or plead, the judge reopened bidding and the bank outbid me by well more than 5%.  

With this old knowledge, I contacted the commissioner to find out when court confirmation would be.  She informed me I would need to bring 10% more than the high bid at auction.  WHAT?  I learned that this amount is not a standard rule, but rather is set in the Findings of Fact and Conclusion of Law that the plaintiff's attorney files during the foreclosure process.  Okay, fine.  For this one the amount to bring needs to be 10% above.  She also tipped me off that someone else was planning on asking to reopen bidding.  Yikes!  At 10% above the bank's bid, plus competition, and not knowing what kind of condition the tenant left it in, this unit had once again become too pricy for me.  But I had to know more so I attended the court confirmation anyway.  (Anyone can go watch a court confirmation!  I encourage you to.  I find them fascinating.)  

This confirmation hearing was in front of Judge Kim.  I met him years ago when he was doing commissioner work.  He was the most conscientious commissioner and works hard to make things fair for the borrower in default.  With that in mind, I was curious how he would handle a request to reopen bidding.  I was not surprised at all when, after first asking the plaintiff's attorney and the commissioner to state their names, his very first question to the commissioner was, "has anyone contacted you with plans to reopen bidding today."  There was no begging or explaining why he missed the auction.  The commissioner indicated the new 3rd party bidder, and Judge Kim called a recess and asked them to go to the flagpole to reopen bidding.  Of course I tagged along!  Back down the stairs, through security, and outside we went.  Bidding was reopened by the commissioner.  The new bidder bid exactly 10% over the bank's bid, handed his cashier's check for 10% of that over to the commissioner, and back inside we went, back through security, and back up the stairs.  We had assumed Judge Kim would take another case while we did that and we would need to wait, but when we re-entered the court room it seemed they had put all cases on pause to wait for the bidding.  The confirmation hearing was promptly resumed, and the new 3rd party bidder was confirmed.  

Lessons: 

Check the Findings of Fact to know what % over auction bid price you'll need to bring to start. 

Whether or not reopening bidding is easy or allowed will depend on the judge.  

92-8370 Tiki Lane, Ocean View, Hawaii, 96737 - Postponement notice

 

From West Hawaii Today 11-1-2021:

Notice #: 0001346747-01
Foreclosures

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NOTICE OF POSTPONED FORECLOSURE SALE LOCATION: 92-8370 Tiki Lane, Ocean View, Hawaii, 96737 Tax Map Key: (3)9-2-087-011. DESCRIPTION: 2-bedroom, 2-bathroom single family home consisting of approximately 1,168 square feet interior built in 1979 on an approximately 43,560 square foot lot. LEASEHOLD/FEE: Fee OPEN HOUSES: Held on October 2 and 3, 2021. AUCTION DATE: Postponed to December 9, 2021, at Noon in front of the flagpole at Hale Halewai, Alii Drive, Kailua-Kona, Hawaii. TERMS OF SALE: Pursuant to the Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Summary Judgment Against All Defendants and for Interlocutory Decree of Foreclosure filed July 16, 2021, in Civil No. 3CCV-20-0000043 in the Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner will offer for sale to the highest bidder at a public auction the property described above. This is a postponement of the auction that was conducted on October 15, 2021, at Noon pursuant to HRS §667-20.1 and will be subject to the following terms. Property to be sold “AS IS” at public auction, without any representations or warranties whatsoever as to title or possession, to the highest bidder with no upset price. Potential bidders must provide proof of ability to pay 10% prior to participation in bidding at auction. A non-refundable deposit of not less than Ten Percent (10%) of the highest successful bid price shall be deposited with the Commissioner at the close of auction, such payment to be made in cash or by certified or cashier’s check. The down payment may be subject to forfeiture if the high bidder fails to pay the remaining balance of the bid, for failure to complete the transaction in a timely manner, or as otherwise ordered by the Court. The balance of said purchase price shall be paid to the Commissioner upon approval and confirmation of the sale by the Third Circuit Court and tender of the document(s) transferring title, such payment to be in cash or by certified or cashier’s check. All costs and expenses of conveyance, including escrow and recording fees, conveyance tax, securing possession of the subject property, any proof of title or title insurance and notary fees shall be at the expense of the successful purchaser. Real estate brokerage commission will not be paid from sales proceeds. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. The subject property will be conveyed by Commissioner’s (Quitclaim) Deed pursuant to order of the Third Circuit Court. THE SALE IS SUBJECT TO AND SHALL NOT BE FINAL UNTIL CONFIRMED BY THE THIRD CIRCUIT COURT, STATE OF HAWAII. No representation is made as to the accuracy of figures provided by others. All amounts are approximate and subject to order of the Court. For further information contact: Alan H. Tuhy, Esq., Commissioner, 78-7100 Kamehameha III Rd., Ste. 405, Kailua-Kona, HI. 96740: PH: (808) 329-5678; Fax: (808) 329-5788 or tuhy@kona.net (WHT1346747 11/1/21)

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92-9098 Ginger Blossom Lane, Ocean View, HI 96737 - Postponement notice

 

From West Hawaii Today 11/1/2021:

Notice #: 0001346518-01
Foreclosures

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NOTICE OF POSTPONED FORECLOSURE SALE LOCATION: 92-9098 Ginger Blossom Lane, Ocean View, HI 96737 Tax Map Key: (3) 9-2-018-022. DESCRIPTION: Two-bedroom, two-bathroom single family home consisting of approximately 1,368 square feet interior built in 1975 on approximately 43,604 square foot lot. LEASEHOLD/FEE: Fee OPEN HOUSES: Held on September 4 and 5, 2021. AUCTION DATE: Postponed to December 9, 2021, at Noon in front of the flagpole at Hale Halewai, Alii Drive, Kailua-Kona, Hawaii. TERMS OF SALE: Pursuant to the Findings of Fact and Conclusions of Law; Order Granting Plaintiff’s Motion for Summary Judgment Against All Defendants and for Interlocutory Decree of Foreclosure filed March 2, 2021 in Civil No. 19-0000067 in the Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner will offer for sale to the highest bidder at a public auction the property described above. This is a postponement of the auction that was conducted on October 7, 2021, at Noon pursuant to HRS §667-20.1 and will be subject to the following terms. Property to be sold “AS IS” at public auction, without any representations or warranties whatsoever as to title or possession, to the highest bidder with no upset price. Potential bidders must provide proof of ability to pay 10% prior to participation in bidding at auction. A nonrefundable deposit of not less than Ten Percent (10%) of the highest successful bid price shall be deposited with the Commissioner at the close of auction, such payment to be made in cash or by certified or cashier’s check. The down payment may be subject to forfeiture if the high bidder fails to pay the remaining balance of the bid, for failure to complete the transaction in a timely manner, or as otherwise ordered by the Court. The balance of said purchase price shall be paid to the Commissioner upon approval and confirmation of the sale by the Third Circuit Court and tender of the document(s) transferring title, such payment to be in cash or by certified or cashier’s check. All costs and expenses of conveyance, including escrow and recording fees, conveyance tax, securing possession of the subject property, any proof of title or title insurance and notary fees shall be at the expense of the successful purchaser. Real estate brokerage commission will not be paid from sales proceeds. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. The subject property will be conveyed by Commissioner’s (Quitclaim) Deed pursuant to order of the Third Circuit Court. THE SALE IS SUBJECT TO AND SHALL NOT BE FINAL UNTIL CONFIRMED BY THE THIRD CIRCUIT COURT, STATE OF HAWAII. No representation is made as to the accuracy of figures provided by others. All amounts are approximate and subject to order of the Court. For further information contact: Alan H. Tuhy, Esq., Commissioner, 78-7100 Kamehameha III Rd., Ste. 405, Kailua-Kona, HI. 96740: PH: (808) 329-5678; Fax: (808) 329-5788 or tuhy@kona.net (WHT1346518 11/1/21)

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