64-5240 Puu Nani Drive, Kamuela, HI 96743 - Foreclosure Notice

 

From West Hawaii Today 4/24/22:

Notice #: 0001369547-01
Foreclosures

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NOTICE OF FORECLOSURE SALE A 1,900 sq. ft. single family home in the District of North Kohala, Island and County of Hawaii, State of Hawaii; TMK (3) 6-4-021-064-0000. The property is located at 64-5240 Puu Nani Drive, Kamuela, HI 96743 on a 16,100 sq. ft lot. Fee Simple. Notice is hereby given that pursuant to the Order Granting Plaintiff’s Motion For Summary Judgment And/Or Default Judgment filed on December 30, 2021 in the Circuit Court of the Third Circuit, State of Hawaii, in CIVIL NO. 18-1-174K, the undersigned Commissioner has been appointed to sell the above described property at a public auction as follows: Open House: Sunday, May 8, 2022 12:00 p.m. – 2:00 p.m. Sunday, May 8, 2022 12:00 p.m. – 2:00 p.m. Auction: Monday, May 23, 2022 12:15 p.m. at the flagpole fronting Keahuolu Courthouse at 74-5451 Kamakeha Ave., Kailua-Kona TERMS OF SALE: No upset price; property sold in “AS IS” condition at public auction; TEN PERCENT (10%) of the highest bid payable in cash or cashier’s check at the close of the auction; balance of the purchase price payable in cash or cashier’s check upon delivery of title or a date as the court shall order; purchaser shall pay for all escrow and closing costs, conveyance documents, recording costs, conveyance taxes and shall be responsible for securing possession of the mortgaged property. The Commissioner or purchaser may require the use of an escrow, however, said purchaser will be responsible for escrow costs, if any. The sale shall not be final until approved and confirmed by the presiding Judge of the Third Circuit, State of Hawaii. SALE SUBJECT TO COURT CONFIRMATION. For further information contact JAMES BIVEN, Commissioner, 84-4799 Mamalahoa Hwy., Captain Cook, Hawaii 96704; (808) 987-3006, jbivenlaw@gmail.com. Please email, text or leave a voice message re contact information and I will email the fact sheet. (WHT1369547 4/24, 5/1, 5/8/22)

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68-3883 Lua Kula St. Apt 908, Waikoloa, HI 96738 - Foreclosure Notice

 

From West Hawaii Today 4/25/22:

Notice #: 0001369390-01
Foreclosures

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NOTICE OF FORECLOSURE SALE. NEW RESIDENTIAL MORTGAGE LLC vs. NATALIE J. GONSALVES; FIRST HAWAIIAN BANK; ASSOCIATION OF APARTMENT OWNERS OF ELIMA LANI CONDOMINIUMS; JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE ENTITIES 1-20; AND DOE GOVERNMENTAL UNITS 1-20, 3CC18100014K, Circuit Court of the Third Circuit, State of Hawaii. A 2 bedroom 2 bath condominium, approximately 1,988 sq. ft., located at 68-3883 Lua Kula St. Apt 908, Waikoloa, HI 96738, TMK (3) 6-8-003-004-0072. Notice is hereby given that pursuant to 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, filed March 22, 2022, the undersigned Commissioner was appointed to sell the above-described property at public auction. OPEN FOR INSPECTION: Saturday May 14, 10am-noon& Tuesday May 17, 2022, 9am-11am. AUCTION: Thursday May 26, 2022, noon, at the flagpole at the Keahuolu Courthouse 74-5451 Kamakaeha Ave, Kailua-Kona, Hawaii. 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. (WHT1369390 4/25, 5/2, 5/9/22)

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75-5748 Alahou Street #2G, Kailua-Kona, Hawai’i 96740 - Foreclosure Notice

 

From West Hawaii Today 4/22/22:

Notice #: 0001369209-01
Foreclosures

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NOTICE OF FORECLOSURE SALE FEE SIMPLE CONDOMINIUM APARTMENT Liona Kona Condominium Unit No. 2G 75-5748 Alahou Street, Kailua-Kona, Hawai’i 96740 By order of the Third Circuit Court in Case No. 3CC18100076K (fka Civ No. 18-1-076K), Newrez LLLC dba Shellpoint Mortgage Servicing, v. Sandra J. Roberts; et al., the undersigned Commissioner has been appointed to sell the named property at public auction. PROPERTY DESCRIPTION: Second Floor, one-bedroom, 1-bath, 663 sq. ft. apartment with parking. TMK 3-7-5-022-065-0015. 2021 County-assessed value was $219,800 (land: $11,600; bldg $208,200). For full legal description see Mortgage in favor of PHH Mortgage Services Corporation as mortgagee, dated Sept. 21, 1998, recorded Sept. 30, 1998, in the Bureau of Conveyances of the State of Hawaii (“Bureau”) as Doc No 98-146899. By a 2nd assignment, Plaintiff received the mortgage, recorded in the Bureau on 12/18/2020 as Doc No. A76570995. This is an action to foreclose the assigned mortgage, plus accumulating interest and late charges ($58,557.25 on 10/15/2021). NOTE: A tenant holds a lease good through January 31, 2023. OPEN HOUSES: Saturday, April 30, 2022, 10 a.m. to 12 noon, and Saturday, May 7, 2022, 10 a.m. to 12 noon. AUCTION DATE: Friday, May 20, 2022, at 12 o’clock Noon. AUCTION LOCATION: Flag-pole at the Keahuolu Courthouse, 74-5451 Kamakaeha Av, Kailua-Kona. TERMS OF SALE: NO UPSET PRICE. Property to be sold “as is” at public auction without any representations or warranties as to title or possession. Ten percent (10%) of the bid price in cash, money order, by cashier’s check or by certified check shall be paid at the close of auction, balance payable upon delivery of title after approval and confirmation by the Third Circuit Court, and is subject to forfeiture in whole or in part for failure to close. Prospective bidders must show Commissioner ability to pay 10% prior to bidding. Buyer(s) responsible for all costs of closing including conveyancing documents, prorated real property tax and conveyance taxes, notary fees, escrow and recording fees, title insurance, costs of securing possession and fees and costs approved by the Court. Neither the availability of title insurance nor securing possession shall be a condition of closing. Sale subject to Court Confirmation. FOR FURTHER INFORMATION: Contact FRANK L. MILLER, Commissioner: Call 808-323-2252. Fax: 808-323-2322; Mail: P.O. Box 415, Kealakekua, HI 96750; or Email: franklewismillerlaw@gmail.com. (WHT1369209 4/22, 4/29, 5/6/22)

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73-1233 Kaiminani Dr. Kailua-Kona, HI 96740 - Foreclosure Notice

 

From West Hawaii Today 04/21/22:

Notice #: 0001369156-01
Foreclosures

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NOTICE OF FORECLOSURE SALE ACTION: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE INDYMAC INDX MORTGAGE LOAN TRUST 2005-AR27, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR27 UNDER THE POOLING AND SERVICING AGREEMENT DATED OCTOBER 1, 2005; Civil No. 3CC19100051K (Foreclosure), Circuit Court of the Third Circuit, Fourth Division (Kona) PROPERTY DESCRIPTION: 73-1233 Kaiminani Dr. Kailua-Kona, HI 96740. TMK (3) 7-3-035-034. Residential 3 bed 3 bath. Gunite pool. 0.2422-acre parcel. Lot 219, Kona Palisades. SALE BY AUCTION: MONDAY, MAY 16, 2022 AT NOON, at the flagpole at Keahuolu Courthouse 74-5451 Kamakaeha Ave., Kailua-Kona, HI 96740. NO OPEN HOUSES BY COURT ORDER. TERMS OF SALE: Property shall be sold AS IS, without any representations or warranties as to title or possession and by way of a quitclaim conveyance by public commissioner’s sale, without an upset price. The successful bidder at the sale shall make a down payment in an amount not less than 10% of the highest successful bid price. Payment shall be in cash, money order, cashier’s check, or certified check. Plaintiff may satisfy the down payment by way of offset up to the amount of its secured debt (“credit bid”). Before bidding, any person not authorized to credit bid must show Commissioner their present ability to make the required down payment immediately at close of bidding. Sale shall not be final until approved by the Court. At the Court’s discretion, the 10% down payment may be forfeited in whole or in part if the purchaser fails to pay the balance of the purchase price. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of sale. All costs and expenses of closing, including costs of conveyance, conveyance documents, conveyance tax, escrow and recording fees, proof of title or title insurance, notary fees, and costs of securing possession of the property, shall be paid by the purchaser. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. COMMISSIONER: For further information and a fact sheet, please contact Commissioner Catherine E. Gibson, Attorney at Law, SOKOLOW&GIBSON, LLP P.O. Box 2217, Kailua-Kona, HI 96745. Tel: (808) 315-6700 Email: catherine@sokolow-gibson.com ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BEFORE BIDDING (WHT1369156 4/21, 4/26, 5/1/22)

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16-1784 37th Avenue, Keaau, Hawaii - Foreclosure Notice

 

From Hawaii Tribune Herald 04/19/22:

Notice #: 0001368760-01
Foreclosures

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NOTICE OF COMMISSIONER’S SALE BY AUCTION COURT ACTION: The Bank of New York Mellon fka The Bank of New York, as Trustee (CWALT 2005-46CB) v. Randall M.L. Yee, Personal Representative of the Estate of Paul David Hobbs, et al; Civil No. 17-1-0146; Third Circuit Court, State of Hawaii PROPERTY DESCRIPTION: TMK (3)-1-6-008-065, located on that certain fee simple parcel of land situate at Keaau, District of Puna, Island, County and State of Hawaii, being Lot 24, in Block T-T-T, as shown on Map 53, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 1053 (amended) of W. H. Shipman, Limited; 2.00 acres, more or less. LOCATION/DIRECTIONS: 16-1784 37th Avenue, Keaau, Hawaii. From Hilo, take Highway 11/Hawaii Belt Road towards Volcano. Use the left 2 lanes to turn left onto HI-130/Keaau Pahoa Bypass Road. Continue on the HI-130 for 6.7 miles. Turn right onto Aulii Street and continue for .8 miles. Turn right onto 37th Avenue and continue for approximately .3 miles. The Property will be on the left side of the road. IMPROVEMENTS: residence was destroyed in a fire. There is an unpermitted lean-to-structure on the Property. OPEN HOUSES: No open houses will be scheduled. Any inspection should be done from a distance and at your own risk. Please contact Commissioner before attempting to inspect the property. Squatters may be occupying the property. DATE AND TIME OF AUCTION: Wednesday, May 18, 2022, at 12:00 noon PLACE OF AUCTION: Entrance of the Judiciary Complex (Hale Kaulike), 777 Kilauea Avenue, Hilo, HI 96720 TERMS OF SALE: No upset price. The property will be sold “as is” to the highest bidder at public auction. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY COURT. The highest bidder is required to make a down payment in cash, by certified or cashier’s check at the time of auction in the amount of TEN PERCENT (10%) of the highest bidded price. The down payment may be subject to forfeiture if the successful bidder fails to pay the remaining balance of the bid, fails to complete the transaction in a timely manner, or as otherwise ordered by the Court. The balance of the price shall be paid in cash, certified or cashier’s check to the Commissioner upon approval and confirmation of the sale by the Court and tender of the document transferring title. Costs of conveyance, including conveyance tax, costs of any escrow, securing possession of the subject property, and recording of such conveyance, shall be at the expense of such successful purchaser. ADDITIONAL INFORMATION: Contact Jill M. Hasegawa, Esq., Commissioner, 688 Kinoole Street, Suite 203, Hilo, Hawaii 96720; phone: (808) 935-5732; fax: (808) 935-7120; email: haseoffice.hi@gmail.com (HTH1368760 4/19, 4/26, 5/3/22)

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15-1809 29th Avenue, Keaau, Hawaii - Foreclosure Notice

 

From Hawaii Tribune Herald 04/19/22:

Notice #: 0001368764-01
Foreclosures

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NOTICE OF COMMISSIONER’S SALE BY AUCTION COURT ACTION: Deutsche Bank National Trust Company, as Trustee, on Behalf of the Holders of the Impac Secured Assets Corp., Mortgage Pass-Through Certificates Series 2006-5 vs. Rochele Lynch, et al; Case No. 3CCV-19-0000104, Third Circuit Court, State of Hawaii PROPERTY DESCRIPTION: TMK (3)-1-5-020-129, located on that certain fee simple parcel of land situate at Keaau, District of Puna, Island, County and State of Hawaii, being Lot 576, in Block 8, as shown on Map 60 filed with the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 1053 (amended) of W. H. Shipman, Limited; 1.000 acre, more or less. LOCATION/DIRECTIONS: 15-1809 29th Avenue, Keaau, Hawaii. From Hilo, take Highway 11/Hawaii Belt Road towards Volcano. Use the left 2 lanes to turn left onto HI-130/Keaau Pahoa Bypass Road. Continue on the HI-130 for 6.4 miles. Turn left onto Paradise Drive and travel .5 miles. Turn right onto 29th Avenue (Poni Moi Ave) and continue for .3 miles. The Property will be on your left-hand side. IMPROVEMENTS: single-family residence built in 1967, 1,331 sq ft living area; 4 rooms, including 2 bedrooms and 2 full baths, covered lanai OPEN HOUSES: No open houses will be scheduled. Any inspection should be done from a distance and at your own risk. Please contact Commissioner before attempting to inspect the property. DATE AND TIME OF AUCTION: Wednesday, May 18, 2022, at 12:00 noon PLACE OF AUCTION: Entrance of the Judiciary Complex (Hale Kaulike), 777 Kilauea Avenue, Hilo, HI 96720 TERMS OF SALE: No upset price. The property will be sold “as is” to the highest bidder at public auction. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY COURT. The highest bidder is required to make a down payment in cash, by certified or cashier’s check at the time of auction in the amount of TEN PERCENT (10%) of the highest bidded price. The down payment may be subject to forfeiture if the successful bidder fails to pay the remaining balance of the bid, fails to complete the transaction in a timely manner, or as otherwise ordered by the Court. The balance of the price shall be paid in cash, certified or cashier’s check to the Commissioner upon approval and confirmation of the sale by the Court and tender of the document transferring title. Costs of conveyance, including conveyance tax, costs of any escrow, securing possession of the subject property, and recording of such conveyance, shall be at the expense of such successful purchaser. ADDITIONAL INFORMATION: Contact Jill M. Hasegawa, Esq., Commissioner, 688 Kinoole Street, Suite 203, Hilo, Hawaii 96720; phone: (808) 935-5732; fax: (808) 935-7120; email: haseoffice.hi@gmail.com (HTH1368764 4/19, 4/26, 5/3/22)

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77-363A Ainanani Street, Kailua-Kona, Hawaii 96740 - Reschedule notice

 

From West Hawaii Today 04/17/22:

Notice #: 0001368243-01
Foreclosures

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RE-NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil No. 3CC19100104K, the below Commissioner has been appointed to sell the named property at public auction. PROPERTY DESCRIPTION: Located at 77-363A Ainanani Street, Kailua-Kona, Hawaii 96740, a 2 bedroom, 3 bath, 2,212 sq. ft. residence, T-M-K: (3)7-7-019-024-0000. AUCTION: May 2, 2022, at 12:00 p.m. Auction will be held at the flagpole(s) at the Keahuolu Courthouse located at 74-5451 Kamakaeha Avenue, Kailua-Kona, HI. TERMS: No upset price. Property is to be sold in its “as in” condition, without any representations or warranties as to title or possession and by way of a quitclaim conveyance by public commissioner’s sale. The successful bidder at sale shall make a down payment to Commissioner of no less than ten percent (10%) of the highest successful bid price. Payment 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 (“Credit Bid”). Prior to bidding, any person not previously authorized to Credit Bid must show the Commissioner ability to make the required down payment immediately upon the close of bidding at sale. At the Court’s discretion, the 10% down payment may be forfeited in whole or in part if the purchaser fails to pay the balance of the purchase price as required and set forth below. The Court may, for good cause, allow further bidding. In the event that such bidding is allowed, the first post auction bid must be at least one hundred five percent (110%) of the highest bid at sale. The Court shall determine the amount of fees of the Commissioner. All costs and expenses of the closing of the sale, including without limitation, the costs of conveyance, including 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. Sale Subject to Court confirmation. DISCLOSURE: Content of this Notice has been obtained from sources believed by Commissioner to be reliable but may not necessarily be accurate or complete. It is the sole responsibility of all bidders to verify the information contained herein. COMMISSIONER: Michael H. Schlueter, Schlueter, Kwiat&Kennedy LLLP, 75-167 Kalani Street, Suite 201, Kailua-Kona, HI 96740. Tel. No. (808) 987-7275, Fax No. (808) 443-0339. Email: michael@kona-lawyer.com. (WHT1368243 4/17/22)

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14-4918 Kaheka Road, Unit 1, Pahoa, Hawaii 96778 - Reschedule notice

 

From Hawaii Tribune Herald 4/17/22:

Notice #: 0001368276-01
Foreclosures

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CLARIFICATION OF AUCTION DATE OF RESCHEDULED FORECLOSURE SALE BY AUCTION COURT ACTION: THE BANK OF NEW YORK MELLON et al. v. SHERYL LORINE FLETCHER et al.; Civil No. 17-1-0283 PROPERTY DESCRIPTION: PROPERTY DESCRIPTION: All of that certain parcel of land situate at Kapoho, District of Puna, Island of Hawaii being Lot 61-C, Area 14,332 square feet, more or less, of the “Vacationland Hawaii Subdivision”, as shown on the map thereof filed in the official records as File Plan No. 814. LOCATION/DIRECTIONS: TMK (3) 1-4-068-052; 14-4918 Kaheka Road, Unit 1, Pahoa, Hawaii 96778. Vacationland Hawaii Subdivision is currently inaccessible due to 2018 Kilauea volcano eruption. IMPROVEMENTS: ALL EXISTING STRUCTURES AND LAND COVERED BY LAVA IN THE 2018 KILAUEA ERUPTION. OPEN HOUSES: NO OPEN HOUSES PURSUANT TO HRS § 667-27 and ORDER GRANTING WAIVER OF OPEN HOUSES UPON HEARING DATE 8/12/2019 DATE AND TIME OF AUCTION: TUESDAY, April 26, at 12:00 noon PLACE OF AUCTION: Entrance of the Judiciary Complex (Hale Kaulike), 777 Kilauea Ave., Hilo, Hawaii 96720 ADDITIONAL INFORMATION: Contact Gary C. Zamber, Esq., Commissioner; Address: 21 Waianuenue Ave., Suite 3, Hilo, HI 96720; Tel: (808) 969-3600; Cell (808) 557-4555; Fax (808) 769-5134; email: gzamber@gmail.com Original Notice of Foreclosure Sale By Auction published in Hawaii Tribune Herald: (8/25, 9/1 and 9/8/2019) Notice of Rescheduled Auction published 4/3/2022 with auction day of Wednesday, April 26, 2022. (HTH1368276 4/17/22)

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Road Maintenance Fees - do they really survive the foreclosure? Maybe...

I just recently closed on a house I won at the flagpole, and had a surprise road maintenance charge on the settlement statement.  Since I had done my due diligence prior to auction, I knew there was a lien against the property from the road maintenance association (let's call them KRL), but KLR was a named defendant in the foreclosure, and the foreclosure order the judge signed clearly stated "all named Defendants junior to Plaintiff's interest shall be terminated from right, title, and interest in the Property."  So owing these past due fees didn't make any sense to me!  

Initially escrow was trying to charge me for drafting a lien release and recording it.  I pushed back and they agreed the lien had been wiped out due to the foreclosure and recording a release wasn't necessary.  But KLR insisted the amount (accrued since 2012 with attorney fees included!) was still owed.  After a bit of phone tag, I finally got the KLR attorney on the phone to discuss.  Fortunately he was very kind and helpful in explaining KLR's position.  He agreed that the foreclosure wiped out any liens KLR had attached to the property, but the prior owner still owed those amounts.  Makes sense.  So why am I being charged?  He then explained that the KLR CC&Rs - which I had agreed to by purchasing the property - state that any amount owing will be an obligation of the successor owner.  So... even though the property itself was no longer encumbered, the prior owner still was, and therefor I now owe it.  Shoot.

Is the KLR attorney correct?  Sounds valid, and the amount isn't big enough to try to take it back to the judge for further determination.  And the roads desperately need work, so I've paid their demand and I'm hopeful KLR will use the big check they just received to fill some potholes.  Lesson learned.  

12-415 Ole Ole Street, Pahoa, Hawaii 96778 - Foreclosure Notice

 

From Hawaii Tribune Herald 04/15/22:

Notice #: 0001368232-01
Foreclosures

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NOTICE OF FORECLOSURE SALE Pursuant to Findings of Fact and Conclusions of Law; Order Granting Plaintiff’s Renewed Motion for Summary Judgment and for Interlocutory Decree of Foreclosure filed April 28, 2020, in U. S. Bank National Association, as Trustee, Successor in Interest to Bank of America, National Association, as Successor by Merger to LaSalle Bank National Association, as Trustee, on Behalf of the Holders of Washington Mutual Asset-Backed Certificates, WMABS, Series 2006-HE1 v. Jan Moxley, et al., Civ. No. 17-1-0292, Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner will sell the following described property at public foreclosure sale on the date and at the time set forth below. PROPERTY DESCRIPTION: Real Property situate at Keauohana, Puna, Island and County of Hawaii, State of Hawaii, being Lot 2, area 8,220 square feet, more or less, of the “Kehena Beach Estates, Unit 1”, as shown on File Plan No. 905, and further identified as TMK:(3)1-2-030-026, address 12-415 Ole Ole Street, Pahoa, Hawaii 96778. The house is of double-wall wood frame construction, with a corrugated iron roof, and contains three bedrooms and two and one-half bathrooms. The area under roof is 2,973 square feet. The house was constructed in 2003. TERMS OF SALE: The property will be sold “as is” at public auction with no upset price. The successful bidder at the auction shall make a down payment to the Commissioner in an amount not less than ten percent of the successful bid price, such payment to be made at the close of the auction in cash, cashier’s check or certified check. Prior to bidding, interested parties must show the Commissioner their ability to make the required down payment, in such form as aforesaid, immediately upon close of the bidding. At the Court’s discretion, the ten percent down payment may be forfeited in full or in part if the successful bidder fails to timely close. The balance of the successful bid price shall be paid to the Commissioner upon approval and confirmation of the sale. All costs and expenses of closing shall be paid by purchaser, 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 purchaser to secure title insurance or financing shall not be a condition of closing. SALE SHALL NOT BE FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. OPEN HOUSE: No Open House, by Order of the Court. SALE DATE: Tuesday, May 17, 2022, 12:00 noon, at the front entrance to the Hale Kaulike Courthouse Building, 777 Kilauea Avenue, Hilo, Hawaii. COMMISSIONER: Stephen J. Menezes, 441 Kipuni Street, Hilo, Hawaii 96720; Telephone (808)934-8916. (HTH1368232 4/15, 4/22, 4/29/22)

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18-1343 Volcano Road, Mountain View, Hawaii 96771 - Foreclosure Notice

 

From Hawaii Tribune Herald 04/15/22:

Notice #: 0001368295-01
Foreclosures

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NOTICE OF FORECLOSURE 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 March 28, 2022 in Ditech Financial LLC vs. Rodney K. Yamauchi et al., Civil No. 3CC161000233, Circuit Court of the Third Circuit, State of Hawai’i, the Commissioner will sell at public auction the following: PROPERTY ADDRESS: 18-1343 Volcano Road, Mountain View, Hawaii 96771 PROPERTY DESCRIPTION: TMK (3) 1-8-002-005-0000 consisting of a 0.214 acre, more or less, lot per the records of the County of Hawaii Real Property Tax Office upon which is located a single-story, 3 bedroom, 2 bath, 967 sq. ft. house built in 1952. Property is occupied. Please do not disturb occupants. PUBLIC AUCTION DATE: Public auction will be held on Monday, May 16, 2022 at 12:00 p.m. at the front entrance of Hale Kaulike (aka the “Hilo Courthouse”), 777 Kilauea Avenue, Hilo, Hawaii 96720. Protocols to curtail transmission of COVID-19 to be observed as required by law or court orders, if any are in effect, as of the date of the auction. OPEN HOUSES: Open houses will be held from 11:00 a.m. to 1:00 p.m. on Saturday, April 23, 2022 and Sunday, May 1, 2022. 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 FURTHER INFORMATION: Contact Commissioner Robert K. Allen, Esq., P.O. Box 10190, Hilo, HI 96721. EMAIL: HawaiiLawyer@hawaii.rr.com. TEL: 935-3334. WEB: www.HawaiiLawyerOnline.com. (HTH1368295 4/15, 4/22, 4/29/22)

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45-3397 Kukui St., Honokaa, HI 96727 - Foreclosure Notice

 

From Hawaii Tribune Herald 04/15/22:

Notice #: 0001368502-01
Foreclosures

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NOTICE OF FORECLOSURE SALE COURT ACTION: Pursuant to the Order Granting Plaintiff’s Motion for Summary Judgment Against All Defendants in Civil No. 14-1-0387, Third Circuit Court, State of Hawaii, the subject property will be sold at public foreclosure sale. PROPERTY: 45-3397 Kukui St., Honokaa, HI 96727 [TMK# (3) 4-5-012-042. AUCTION: May 25, 2022 at 12 noon, Front Lanai, State of Hawaii Judiciary Complex, 777 Kilauea Ave., Hilo, HI. SALE TERMS: Property sold “AS IS” without any representations or warranties. No upset price. A bidding party must show the ability to make a 10% down payment of his highest bid by cash, money order, certified or cahier’s check. Plaintiff may credit bid its down payment up to its secured debt. At the Court’s discretion a down payment may be forfeited in full or part if the high bidder fails to pay the balance of his bid. Costs and fees of closing, not limited to costs of conveyancing, conveyance documents, tax, escrow/recording fees, proof of title or title insurance, notary fees, costs of securing possession of the property, shall be paid by the purchaser. Neither the availability of title insurance nor securing possession shall be a condition of closing. COMMISSIONER: Craig Sadamoto, 614 Kilauea Ave., #16, Hilo, HI 96720 (Phone: 9367-1392). (HTH1368502 4/15, 4/18, 4/25/22)

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39-3222 Kukui Village Rd., Ookala HI 96774 - Foreclosure Notice

 

From Hawaii Tribune Herald 04/15/22:

Notice #: 0001368503-01
Foreclosures

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NOTICE OF FORECLOSURE SALE COURT ACTION: Per the Order Granting Plaintiff’s Motion for Summary Judgment and for Interlocutory decree of Foreclosure Against All Parties in Civil No. 15-1-0009, Third Circuit Court, State of Hawaii, the subject property will be sold at public foreclosure sale. PROPERTY: 39-3222 Kukui Village Rd., Ookala HI 96774 [TMK# (3) 3-9-006-025. AUCTION: May 26, 2022 at 12 noon, Front Lanai, State of Hawaii Judiciary Complex, 777 Kilauea Ave., Hilo, HI. SALE TERMS: Property sold “AS IS” without any representations or warranties. No upset price. A bidding party must show the ability to make a 10% down payment of his highest bid by cash, certified or cahier’s check. Plaintiff may credit bid its down payment up to its secured debt. At the Court’s discretion a down payment may be forfeited in full or part if the high bidder fails to pay the balance of his bid. Costs and fees of closing, not limited to costs of conveyancing, conveyance documents, tax, escrow/recording fees, proof of title or title insurance, notary fees, costs of securing possession of the property, shall be paid by the purchaser. Neither the availability of title insurance nor securing possession shall be a condition of closing. COMMISSIONER: Craig Sadamoto, 614 Kilauea Ave., #16, Hilo, HI 96720 (Phone: 937-1392). (HTH1368503 4/15, 4/18, 4/25/22)

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15-1779 6th Ave., Keaau, HI 96749 - Foreclosure Notice

 

From Hawaii Tribune Herald 4/15/22:

Notice #: 0001368504-01
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; Exhibit “A”, in Civil No. 3CC171000350, Third Circuit Court, State of Hawaii, the subject property will be sold at public foreclosure sale. PROPERTY: 15-1779 6th Ave., Keaau, HI 96749 [TMK# (3) 1-5-049-024-0000]. OPEN HOUSES: April 23&30, 2022, from 9:00 a.m. to 1:00 p.m. AUCTION: May 27, 2022 at 12:00 noon, Front Lanai, State of Hawaii Judiciary Complex, 777 Kilauea Ave., Hilo, HI. SALE TERMS: No upset price. Sold “AS IS” without any representations or warranties as to title or possession. A bidding party must show the ability to make a 10% down payment of his highest bid price by cash or certified check. Plaintiff may credit bid its down payment up to its secured debt. At the Court’s discretion a down payment may be forfeited in full or in part if the high bidder fails to pay the balance of his bid as set forth in the document noted above. Purchaser shall pay all 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. COMMISSIONER: Craig Sadamoto, 614 Kilauea Ave., #16, Hilo, HI 96720. Phone: (808) 937-1392. (HTH1368504 4/15, 4/20, 4/25/22)

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107 Kaiwiki Rd., Hilo, HI 96720 - Foreclosure Notice

 

From Hawaii Tribune Herald 4/15/22:

Notice #: 0001368507-01
Foreclosures

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NOTICE OF FORECLOSURE SALE COURT ACTION: Per the Order Granting Plaintiff’s Motion for Summary Judgment Against All Defendants, in Civil No. 19-1-0153, and Order Granting Defendant/Counterclaim Paintiff/Cross-Claim Plaintiff First Hawaiian Bank’s Motion for Summary Judgment as to all Claims and all Parties, Third Circuit Court, State of Hawaii, the following property will be sold at public auction PROPERTY: 2107 Kaiwiki Rd., Hilo, HI 96720 [TMK (3) 2-6-010-031-0000] OPEN HOUSES: April 20 and 27, 2022, 8:30 a.m. to 12:30 p.m. AUCTION: May 25, 2022 at 12 noon, Front Lanai, State of Hawaii Judiciary Complex, 777 Kilauea Ave., Hilo, HI. SALE TERMS: Property sold “AS IS” without any representations/warranties. The high bidder must pay a down payment of 10% of the bid price to Commissioner by cash or certified check, except that Plaintiff and First Hawaiian Bank may credit bid the down payment to the extent of their secured debt. At the Court’s discretion the down payment may be forfeited in whole or part if the high bidder does not pay the balance of the bid concurrently with delivery of the documents transferring title. Sale is not final without approval of the Court. Purchaser shall pay closing costs including but not limited to costs of escrow, title insurance, document fees, prorated real property and conveyance tax, costs of recordation and securing possession. Title insurance, financing or securing possession shall not be a condition of closing. Commissioner Craig Sadamoto, 614 Kilauea Ave, #16, Hilo, HI 96720, Phone 937-1392. (HTH1368507 4/15, 4/20, 4/25/22)

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81-533 Kaiue Street Hokuli’a Phase 1 – Lot 28 - Foreclosure Notice

 

From West Hawaii Today 4/15/2022:

Notice #: 0001368598-01
Foreclosures

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NOTICE OF FORECLOSURE SALE 81-533 Kaiue Street Hokuli’a Phase 1 – Lot 28 TMK 3-8-1-026-028-000 Pursuant to the FINDINGS OF FACT AND CONCLUSIONS OF LAW; ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND FOR INTERLOCUTORY DECREE OF FORECLOSURE FILED OCTOBER 15, 2021, filed January 21, 2022 in Hokuli’a Community Association Inc. etc. vs, MJR, FLLP, a Colorado Limited Liability Limited Partnership, et al, Civil No. 3CCV-20-0000363, the undersigned Commissioner has been appointed to sell the above described property at public auction as follows: Property Description: 1.1910 acre lot Open Houses: Friday, April 22, 2022 at 9:00 a.m. to 12:00 noon Saturday, April 30, 2022 at 9:00 a.m. to 12:00 noon Auction: Wednesday, May 25, 2022 at 12:00 noon At the flag pole fronting Keahoulu Courthouse, 74-5451 Kamakaeha Avenue, Kailua-Kona HI 96740 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 in cash, money order, by cashier check or by certified check 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 (WHT1368598 4/15, 4/22, 4/29/22)

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53-409 Halaula Maulili Road, Kapaau, Hawaii 96755 - Foreclosure Notice

 

From West Hawaii Today 04/15/2022:

Notice #: 0001368438-01
Foreclosures

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NOTICE OF FORECLOSURE SALE ACTION: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE LXS 2005-7N VS. KAREN LEPERE; ET AL; Civil No. 3CC18100208K(Foreclosure), Circuit Court of the Third Circuit (Kona). PROPERTY DESCRIPTION: 53-409 Halaula Maulili Road, Kapaau, Hawaii 96755. TMK No.: (3) 5-3-009-005. Residential property. County tax records show two dwellings with a total of 1,578 square feet. OPEN HOUSES: None per Court Order. AUCTION DATE: JUNE 2, 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. (WHT1368438 4/15, 4/22, 4/29/22)

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55-2247 Kynnersley Road, Kapaau, Hi 96755 - Foreclosure Notice

 

From West Hawaii Today 4/10/22:

Notice #: 0001367420-01
Foreclosures

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NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil No. 3CC18100004K, the below Commissioner has been appointed to sell the named property at public auction. PROPERTY DESCRIPTION: Located at 55-2247 Kynnersley Road, Kapaau, Hi 96755, a 2 bedroom, 2.5 bath, 2,220 sq. ft. residence, T-M-K: (3)5-5-002-005-0001. OPEN HOUSES: None AUCTION: May 9, 2022, at 12:00 p.m. Auction will be held at the flagpole(s) at the Keahuolu Courthouse located at 74-5451 Kamakaeha Avenue, Kailua-Kona, HI. TERMS: No upset price. Property is to be sold in its “as in” condition, without any representations or warranties as to title or possession and by way of a quitclaim conveyance by public commissioner’s sale. The successful bidder at sale shall make a down payment to Commissioner of no less than ten percent (10%) of the highest successful bid price. Payment 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 (“Credit Bid”). Prior to bidding, any person not previously authorized to Credit Bid must show the Commissioner ability to make the required down payment immediately upon the close of bidding at sale. At the Court’s discretion, the 10% down payment may be forfeited in whole or in part if the purchaser fails to pay the balance of the purchase price as required and set forth below. The Court may, for good cause, allow further bidding. In the event that such bidding is allowed, the first post auction bid must be at least one hundred five percent (105%) of the highest bid at sale. The Court shall determine the amount of fees of the Commissioner. All costs and expenses of the closing of the sale, including without limitation, the costs of conveyance, including 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. Sale Subject to Court confirmation. DISCLOSURE: Content of this Notice has been obtained from sources believed by Commissioner to be reliable but may not necessarily be accurate or complete. It is the sole responsibility of all bidders to verify the information contained herein. COMMISSIONER: Michael H. Schlueter, Schlueter, Kwiat&Kennedy LLLP, 75-167 Kalani Street, Suite 201, Kailua-Kona, HI 96740. Tel. No. (808) 987-7275, Fax No. (808) 443-0339. Email: michael@kona-lawyer.com. (WHT1367420 4/10, 4/17, 4/24/22)

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68-3883 Lua Kula Street #1803, Waikoloa, HI 96738 - Foreclosure Notice

 

From West Hawaii Today 4/8/22:

Notice #: 0001367041-01
Foreclosures

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NOTICE OF FORECLOSURE 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; Exhibit A, filed on March 2, 2022, in U.S. Bank Nat. Assn., et al. v. Chinen, et al., Civil No. 15-1-395K, Third Circuit Court of the State of Hawaii, the Commissioner identified below has been directed to sell the following property at a public auction. DESCRIPTION: 68-3883 Lua Kula Street #1803, Waikoloa, HI 96738, TMK: 3-6-8-003-004-0083, a 2-bedroom, 2-bathroom Elima Lani condominium reportedly built in 1988 with 854 square feet of living area, and lanai. Fee simple. OPEN HOUSES: April 10, 2022 from 10:00 a.m. to 12:00 p.m., and April 24, 2022 from 10:00 a.m. to 12:00 p.m. PUBLIC AUCTION: May 11, 2022 at 12:00 Noon at the Keahoulu Courthouse, 74-5451 Kamakaeha Ave, Kailua Kona HI 96740, at the “Ho’o Pohaku” sculpture near the northwest corner of the building. TERMS OF SALE: No upset price. Property will be sold in “as is” condition with no warranty of title or possession or any other warranties. No less than ten percent (10%) of the highest successful bid price must be deposited with the Commissioner at the close of the auction, and payment to be made in cash or cashier’s check. Potential bidders must be able to provide proof of their ability to comply with the 10% bid requirement or status as a party entitled to credit bid prior to participating in the public auction. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale by the Third Circuit Court of the State of Hawaii and tender of the document(s) transferring title. At the confirmation hearing, the Court may allow further bidding on the condition that the initial opening bid must be at least one hundred ten percent (110%) of the highest bid at the public auction. All costs and expenses of securing possession of the property and closing, including conveyance and recordation fees and conveyance taxes, shall be paid by the successful purchaser. The ten percent (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. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. Real estate brokerage commissions will not be paid from sales proceeds. The sale will not be final until approved by the court. For further information contact Daniel S. Peters, Esq., 75-5875 Kahakai Road, Kailua-Kona, Hawaii 96740, (808) 331-1199, daniel@danielspeters.com, Commissioner. (WHT1367041 4/8, 4/15, 4/22/22)

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73-1356 KAIMINANI DR, KAILUA KONA, HI - Postponement Notice

 

From West Hawaii Today 4/6/22:

Notice #: 0001366171-01
Foreclosures

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NOTICE OF POSTPONED FORECLOSURE SALE 73-1356 KAIMINANI DR, KAILUA KONA, HI TMK (3) 7-3-030-015-0000 Notice is hereby given that Pursuant to the FINDINGS OF FACT; CONCLUSIONS OF LAW; ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND FOR INTERLOCUTORY DECREE OF FORECLOSURE FILED OCTOBER 22, 2021; EXHIBIT “A” filed February 8, 2022 in Civil No. 3CCV-20-0000075 and HRS 667-20.1 the undersigned Commissioner has been appointed to sell the above described property at the postponed public auction as follows: Property Description: 3 BR, 2 BA, 1313 sq. ft. single family residence, 2 car garage, 10,010 sq. ft. lot Auction: Previously ser for Friday, March 25, 2022, at 12:00 p.m. at the flagpole fronting the CIRCUIT COURT OF THE THIRD CIRCUIT- KONA DIVISION, 74-5451 Kamakaeha Ave, Kailua Kona, HI 96740 and now POSTPONED TO: FRIDAY, APRIL 22, 2022 at noon at the same location 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, cashier’s check, certified check or by money order 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, 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 and 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 VICTOR M. COX, Commissioner, P.O. Box 2105, Kailua-Kona, HI 96745 (mailing), e-mail: victorlaw4@aol.com, phone (808) 731-5860 VICTOR M. COX, Commissioner (WHT1366171 4/6/22)

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