From Hawaii Tribune Herald 6-3-25:
NOTICE OF FORECLOSURE SALE COURT ACTION: Towd Point Mortgage Trust 2019-3, U.S. Bank National Association, As Indenture Trustee v. Warren Frank Maisenbach; Hawaiian Paradise Park Owners Association, et al., Civil No. 3CCV-23-0000150 (Foreclosure) DESCRIPTION: Lot: 1.75 acres House: 1,632 square foot house, 2 bedrooms, 1 full bathroom LOCATION: 15-1422 Railroad Avenue, Keaau, Hawaii 96749 TAX MAP KEY: (3) 1-5-039-009 ZONING: A-1a (Agricultural District, minimum building site 1 acre) OPEN HOUSE: No Open Houses Per Court Order AUCTION DATE: Date: Tuesday, July 8, 2025 Time: 12:00 noon Place: Front Entrance to Hale Kaulike 777 Kilauea Avenue, Hilo, Hawaii TERMS OF SALE: The Commissioner shall sell the property in its “AS IS” condition, without any representations or warranties whatsoever as to title or possession, and with a quitclaim conveyance, either by private sale or at a public foreclosure sale by auction to the highest bidder. The property shall be sold without any upset price, as authorized by law and under the terms of the Mortgage. Plaintiff and all other parties are authorized to purchase at the foreclosure sale. The successful bidder at the foreclosure sale is to make a down payment to the Commissioner in an amount not less than ten percent (10%) of the highest successful bid price. The payment is to be in cash, money order, or by certified or cashier’s check. However, Plaintiff may satisfy the down payment by offset up to the amount of Plaintiff’s secured debt (“credit bid”). Prior to bidding, any person not authorized to credit bid must show proof to the Commissioner of that person’s capability to pay the required down payment in such form prior to bidding. At the Court’s discretion, the down payment may be forfeited in full or in part if the successful bidder fails to pay the balance of the purchase price as ordered by the Court. However, that bidder shall not be liable for damages greater than the forfeiture of the down payment. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the foreclosure sale by the Court and the tender of the document transferring title to the property. The payment shall be in cash, money order, or by certified or cashier’s check. However, if Plaintiff is the successful purchaser, then Plaintiff may satisfy the balance of the purchase price by offset up to the amount of Plaintiff’s secured debt as determined by the Court. The cost and expenses of closing, including, but not limited to, the costs of conveyance, including preparation of the conveyance document, conveyance tax, escrow fees, recording fees, any proof of title, title insurance, notary fees, and the costs of securing possession of the property at recordation shall be the responsibility of and paid by the purchaser. The purchaser is responsible for securing possession of the property at closing. Neither the availability of the leased fee interest (as appropriate), nor the availability of title insurance or any other insurance, nor the securing of possession of the property shall be a condition of closing. The sale shall not be final until approved and confirmed by the Circut Court of the Third Circuit, State of Hawaii. FOR MORE INFORMATION: Jo Anne E. Goya, Commissioner P. O. Box 130 Keaau, Hawaii 96749 Telephone No.: (808) 961-4484 (HTH1494526 6/03, 6/10, 6/17/25)
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