76-6247 Kupuna St. - An 'error' with the bank's credit bid, a tied-up insurance payment, and a burned-out house with squatters!

As you know, I love these interesting ones with their twists and turns.  On 10-14-23 I posted the foreclosure notice for 76-6247 Kupuna St., and you may have noticed that on 12-19-23 I posted it again with a new auction date.  

This is a really unique one!  The home is a burned-out mess with squatters.  There are cars and trucks everywhere and people coming and going all the time.  It's so scary that I didn't even want to get out of the car to take a picture.  These photos and video are from a quick drive by!  

Kupuna is one of the main drags to get from the highway down to Alii Dr. so I'm on that road often and was very familiar with this house.  Because of the burned out condition and all the squatters, I was absolutely not interested in pursuing this at auction so I didn't do my usual research on it.  I had no idea what was owed.  However, I was curious, so on November 16th, I attended the auction.  I had expected there would be many bidders, but only 3 third-party bidders and the bank showed up.   There was another agent there representing a buyer client and she and I got to talking.  She told me only $18k was owed!  What?!  I rushed over to the commissioner and asked to see the Findings of Fact and Conclusion of Law.  Sure enough, the bank was owed $495,633.67 but was holding an escrow account of insurance money from the fire worth $486,842.01 so their net amount owed was only $18,061.23.  I was kicking myself for not doing the research sooner and was trying to remind myself that even at $18k, I didn't want to take on this burned out mess of a home with squatters in it, but the deal was sure enticing!!  

However, when the bidding started, the bank shocked everyone by bidding way up in the $400s.  None of the third party bidders outbid the bank, and the commissioner closed the auction.  While the other agent was squawking about how crazy it was that the bank would bid so high when they were only owed $18k, I quietly asked the commissioner how the bank was able to credit bid that much.  If they are only owed $18k, that is the amount of their "credit", which is their 10% that everyone else has to bring in a cashier's check.  If the bank's credit was only $18k, their max bid would be $180k.  They bid well over that.  The commissioner looked flustered and said it was for the court to decide, but I think he realized he should not have accepted the bank's bid.  I emailed him later that day to ask to be informed of when court confirmation was - since I wanted to hear if they would get away with their bid - and he responded that the bank messed up their bid and it would likely be reauctioned.  

So the court scolded both the bank and the commissioner and it has been re-advertised for auction.  I still haven't pulled a preliminary title report because I'm still not interested in this property at any price, but the 2nd auction could be very interesting.  The bank could still bid well over $180k if they send their representative with a cashier's check for the difference of their 10%.  I wonder if the insurance funds in the escrow account remain in limbo if a 3rd party bidder takes the property.  It seems there is a 2nd mortgage and it is possible the insurance funds cannot be touched because they are also tied to the 2nd mortgage?  If those funds were easily releasable to the lender, you would think they would just write off the additional $18k and be done rather than potentially take on this nightmare property, so I don't think it is that simple.  I suspect those insurance funds will be tied up in litigation well after this foreclosure is complete.  This will be a fun one to watch, but definitely one to stay far away from.  

 

15-1474 9th Avenue, Keaau, HI 96749 - Foreclosure Notice

 From Hawaii Tribune Herald 12/27/23:

Notice #: 0001440139-01
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 September 26, 2023, in The Bank of New York Mellon F/K/A The Bank of New York as Successor Indenture Trustee to JPMorgan Chase Bank, National Association for CWHEQ Revolving Home Equity Loan Trust, Series 2005-J v. Marietta Nallos Wallace; William Charles Wallace; Hawaiian Paradise Park Owners Association; State of Hawaii-Department of Taxation; U.S. Bank National Association as Trustee for RASC 2005KS8; John Does 1-20; Jane Does 1-20; Doe Corporations 1-20; Doe Entities 1-20; and DOE Governmental Units 1-20, Civil. No. 3CCV-23-0000034, Circuit Court of the Third Circuit, State of Hawai’i, the undersigned Commissioner will sell the following described property at public foreclosure sale at the date and time set forth below: PROPERTY: All of those certain parcels of land situate at Keaau, District of Puna, Island and County of Hawaii, State of Hawaii, described as follows: -PARCEL FIRST:- Lot 1725, acre 1 acre, more or less, Block 7, as shown on Map 58, 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. -PARCEL SECOND:- An undivided 1/5750 interest in Lots 60, 62, 8297, 8363, 8385, 8387 and 3115 in Block 7, and Lot 1 in Block 10; as shown on Maps 10, 10, 55, 56, 56, 57, 58 and 65, respectively, of said Land Court Application No. 1053 (amended); and Lot 4-B, as shown on Map 2 of Land Court Application No. 1689 of W.H. Shipman, Limited, to be used in common with others entitled thereto, for roadway and utility purposes only. TAX MAP KEY No. 2-1-5-052-167. STREET ADDRESS: 15-1474 9th Avenue, Keaau, HI 96749. LAND USE DESIGNATION: County Zoning: Agricultural. IMPROVEMENTS: 1,818 sf, 3 bedroom, 2 bath single family dwelling, per County of Hawai’i records. Other unpermitted structures may be present on the property. TERMS: The property will be sold “as is” at public auction with NO UPSET PRICE, and with ten percent (10%) of the highest bid payable in cash, certified or cashier’s check at the fall of the hammer; balance is payable upon delivery of documents transferring title; purchaser shall pay all costs of escrow, conveyancing, recordation and conveyance tax, and shall be responsible for securing possession; SALE SHALL NOT BE FINAL UNTIL APPROVED AND CONFIRMED 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, accrued and unpaid real property, conveyance tax, accrued and unpaid ground rent payments, recordation and costs of securing possession after closing. The ability of the purchase to secure title insurance shall not be a condition of closing. OPEN HOUSE:* Saturday, January 27, 2024, 11:00 a.m. 1:00 p.m. Sunday, January 28, 2024, 11:00 a.m. 1:00 p.m. * The property structures have been sealed and inside access will not be provided. SALE DATE: The lot will be auctioned for sale on Thursday, February 1, 2024, beginning at 12:00 noon, at the front entrance of Hale Kaulike (Hilo Judiciary Complex), 777 Kilauea Avenue, Hilo, Hawai?i. For legal description of property to be conveyed and for further details about the sale, contact MASON M. YAMAKI, Commissioner, P.O. Box 7649, Hilo, HI 96720; phone: 808.935.4394; email at mmyamakilawlllc@hawaiiantel.net. ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY THE PURCHASER BEFORE BIDDING. MASON M. YAMAKI Commissioner (HTH1440139 12/27/23, 1/3, 1/10/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

69-1010 Keana Place #B106, Waikoloa, Hawaii 96738 - Foreclosure Notice

 From West Hawaii Today 12-22-23:

Notice #: 0001440469-01
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 Default Against Defendants Jason Steele Lent, Association of Apartment Owners of Vista Waikoloa, Waikoloa Beach Resort, and Waikoloa Beach Resort Conference and Summary Judgment and Decree of Foreclosure Against all Defendants on Complaint Filed April 7, 2021; Exhibit A, filed on November 9, 2023, in HSBC Bank USA, as Trustee et al. v. Lent, et al., Civil No. 3CCV-21-0000098, 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: 69-1010 Keana Place #B106, Waikoloa, Hawaii 96738, TMK: 3-6-9-007-009-0023, a 2-bedroom, 2-bathroom ground floor condominium unit reportedly built in 1990 with 1,286 square feet of living area and lanai. Fee simple. OPEN HOUSES: January 13, 2024 from 10:00 a.m. to 12:00 p.m, and January 14, 2024 from 10:00 a.m. to 12:00 p.m. PUBLIC AUCTION: January 24, 2024 at 12:00 Noon at the Keahoulu Courthouse, 74-5451 Kamakaeha Ave, Kailua Kona HI 96740, to the south of the “Ho’o Pohaku” sculpture in the shade 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, money order, cashier’s check or certified 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., 74-540 Honokohau Street, Kailua-Kona, Hawaii 96740, (808) 331-1199, daniel@danielspeters.com, Commissioner. (WHT1440469 12/22, 12/29/23, 1/05/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

16-4127 Haumalu St.. Mt. View, HI - Foreclosure Notice

 From Hawaii Tribune Herald 12/22/23:

Notice #: 0001440947-01
Foreclosures

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NOTICE OF FORECLOSURE SALE The undersigned Commissioner in Case No. 3CCV-20-0000385, Third Circuit Court, State of HI, will sell at public auction fee simple property located at 16-4127 Haumalu St.. Mt. View, HI, TMK (3) 1-8-082-078 with dwelling. DATE AND PLACE OF SALE: January 22, 2024 at 12:00 noon, at Hale Kaulike, 777 Kilauea Ave., Hilo, HI. TERMS OF SALE: The property shall be sold “as is” with no upset price. Ten percent of the highest bid shall be paid down in cash, money order, cashier’s or certified check. Plaintiff may satisfy the down payment by way of offset up to the amount of its secured debt. The purchaser shall pay closing costs, costs of conveyance, recordation, and costs of possession. The sale shall not be final until approved by the Court. OPEN HOUSES: December 28, 2023 from 9:00 a.m. to 11:00 a.m. and January 7, 2024 from 12:00 p.m. to 2:00 p.m. Contact CLAYTON E. CHONG, CHONG&CHONG, P.O. Box 1483, Hilo, HI 96721; (808) 937-2337. (HTH1440947 12/22, 12/29/23, 1/5/24)

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LUVA Real Estate

73-1086 Alihilani Dr, Kailua Kona, HI 96740 - Foreclosure Notice

 From West Hawaii Today 12/20/23:

Notice #: 0001440506-01
Foreclosures

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NOTICE OF FORECLOSURE 73-1086 Alihilani Dr, Kalulua Kona, HI 96740 TMK (3) 7-3-044-014-0000 Notice is hereby given that pursuant to the FINDINGS OF FACT AND CONCLUSION OF LAW; ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY AND FOR INTERLOCUTORY DECREE OF FORECLOSURE FILED MAY 13, 2022; EXHIBT “A” entered October 11, 2023 in SIWELL, INC vs. ASCINO, et al Defendants; Civil No. 3CCV-22-0000050 (Foreclosure) in the Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner has been appointed to sell the above described property at public auction as follows: Property Description: 3 BR, 2 BA, 1,196 sq. ft. single family residence, 0.1940 acre (8,450 sq. ft) lot Open Houses: None per Court order Auction: January 18, 2024 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. 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, certified or cashier’s 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, 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 or information 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 (WHT1440506 12/20, 12/27/23, 1/3/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

Lot Number 5 of Block No. 38 of the “HAWAIIAN OCEAN VIEW RANCHOS” - Foreclosure Notice

 From West Hawaii Today 12/19/23:

Notice #: 0001440289-01
Foreclosures

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NOTICE OF FORECLOSURE SALE LOCATION: Lot Number 5 of Block No. 38 of the “HAWAIIAN OCEAN VIEW RANCHOS” subdivision, as shown on File Plan No. 1183, filed in the Bureau of Conveyances of the State of Hawai’i, located in Kahuku, Kau, Island and State of Hawai’i. TMK: (3)9-2-198-055. DESCRIPTION: 3.3150 Acre unimproved lot LEASEHOLD/FEE: Fee OPEN HOUSES: None by Order of the Court AUCTION DATE: January 25, 2024 at Noon in front of the flagpole at the Keahoulu Courthouse, 74-5451 Kamaka’eha Avenue in Kailua-Kona, Hawai’i TERMS OF SALE: Pursuant to the Findings of Fact, Conclusions of Law and Order Granting Plaintiff Hawaiian Ranchos Corporation, a Hawaii Nonprofit Corporation’s Motion for Summary Judgment for Monetary Damages and for Foreclosure of Lien filed October 25, 2023 in Civil No. 3CCV-22-0000389 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, pursuant to the following terms and conditions: 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 alan@tuhylaw.com. (SA1440289 12/19, 12/26/23, 1/02/24)

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76-6247 Kupuna Street, Kailua-Kona, Hawaii 96740 - Foreclosure Sale

 From West Hawaii Today 12/19/23:

Notice #: 0001440728-01
Foreclosures

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NOTICE OF FORECLOSURE SALE ACTION: HSBC BANK USA, NA VS. VICTOR COX, ESQ. AS SPECIAL ADMINISTRATOR OF THE ESTATE OF HAROLD MELTZER; AL; Civil No. 3CCV-20-0000284 (Foreclosure), Circuit Court of the Third Circuit (Kona). PROPERTY DESCRIPTION: 76-6247 Kupuna Street, Kailua-Kona, Hawaii 96740. TMK No.: (3) 7-6-023-041. 10,000 square feet residential lot with a fire damaged structure on it. OPEN HOUSES: None, pursuant to Court Order. AUCTION DATE: TUESDAY, JANUARY 23, 2024 AT 12 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 financing, 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. (WHT14450728 12/19, 12/26/23, 1/2/24)

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11-3464 Pikake St., Mountain View, HI 96771 - Foreclosure Notice

 From Hawaii Tribune Herald 12-19-23:

Notice #: 0001440909-01
Foreclosures

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NOTICE OF FORECLOSURE SALE Pursuant to Plaintiff’s FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND FOR INTERLOCUTORY DECREE OF FORECLOSURE FILED ON JULY 13, 2023, in the case entitled U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCF 2 ACQUISITION TRUST V. MARVIN NAKATA A/K/A MARVIN (NMN) NAKATA; RAYNETTE LYNN NAKATA, Civil No. 3CCV-23-0000092, in the Circuit Court of the Third Circuit, Hilo Division, State of Hawaii, the Court-appointed Commissioner will sell the following described property at public foreclosure sale at the date and time set forth below: Property Description: Property located at 11-3464 Pikake St., Mountain View, HI 96771, Tax Map Key Number 3-1-1-038-102-0000. Property includes a lot with a house built in 1978 with 3 bedrooms and 3 bathrooms. House is 1,300 sq. ft. and is on a two-acre (87,120 sq. ft.) lot. A carport and shed are separate from the home. This is a brief summary of facts collected by the Commissioner from various sources. Any buyer is solely responsible for verifying all information through their own sources prior to bidding. No open house will be conducted. Please do enter property. DATE AND LOCATION OF SALE: The property (house and lot) shall be sold on Wednesday, January 24, 2024 at 12:00 noon at or near the flagpole and front entrance to the Hale Kaulike (new State Court Building), 777 Kilauea Avenue, Hilo, Hawaii. TERMS OF SALE: There shall be no upset price. The property shall be sold “as is”, “where is” condition without warranties of any nature, express or implied, to the highest bidder. Plaintiff, and all parties are authorized to purchase the property at the foreclosure sale. The successful bidder at the sale shall make a down payment to the Commissioner in an amount not less than ten percent (10%) of the highest successful bid price at the fall of the hammer in cash or certified cashier’s check, the balance of the purchase price to be paid concurrently with the conveyance of the Property to the purchaser. Plaintiffs are authorized to be a purchaser at said sale and the amount determined by this Court to be due and owing to Plaintiffs under the mortgage note at issue may be credited against the total bid price which Plaintiffs shall make at said sale. If Plaintiffs are the successful bidder at said sale, the ten percent (10%) down payment will not be required of Plaintiffs up to the amount of its secured indebtedness. Prior to bidding, any person not hereby authorized to credit bid must show the Commissioner such person’s present ability to make the required down payment in such form as the commissioner may determine. At the Court’s discretion, the 10% down payment may be forfeited in full or in part if the purchaser shall fail to pay the balance of the purchase price as hereinafter set forth. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale. All costs and expenses of closing, including without limitation, the costs of conveyance, preparation of the conveyance document, conveyance tax, escrow and recording fees, any proof of title or title insurance, and notary fees, as well as the costs of securing possession of the Property, shall be the responsibility of and paid by the purchaser. Neither the availability of title insurance nor securing possession of the Property shall be a condition of closing. The sale shall not be final until approved and confirmed by the Court. COMMISSIONER: For fact sheet or other information, contact: STEVEN T. BRITTAIN, 688 Kinoole Street, Suite 119A, Hilo, HI 96720. Tel # (808) 934-7888. steve@lawofficehawaii.com (HTH1440909 12/19, 12/26/23, 1/02/24)

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68-4747 Queen Ka’ahumanu Highway, County and State of Hawaii - Foreclosure Notice

 From West Hawaii Today 12-15-23:

Notice #: 0001438629-01

Foreclosures

NOTICE OF FORECLOSURE SALE LOCATION: Villages of Aina Lea, Aina Lea Inc, Phase I, II and III, Kamuela, Hawaii TMK: 3-6-8-001-069, 038&039, located at 68-4747 Queen Ka’ahumanu Highway, County and State of Hawaii PROPERTY: Parcels 38&39 Lot B-1-A, BEING A PORTION OF ROYAL PATENT 5678, LAND COMMISSION AWARD 8521-B, APANA 1 TO G. D. HUEU, AT WAIKOLOA, SOUTH KOHALA, ISLAND OF HAWAII, COUNTY OF HAWAII, STATE OF HAWAII. TMK: (3)- 6-8-001-038 CONTAINING 628.316 ACRES, MORE OR LESS, WITH VARIOUS EASEMENTS Lot D-1-A, BEING A PORTION OF ROYAL PATENT 5678, LAND COMMISSION AWARD 8521-B, APANA 1 TO G. D. HUEU, AT WAIKOLOA, SOUTH KOHALA, ISLAND OF HAWAII, COUNTY OF HAWAII, STATE OF HAWAII. TMK: (3)- 6-8-001-039 CONTAINING 383.033 ACRES, MORE OR LESS WITH VARIOUS EASEMENTS Parcel 69 Parcel D-1-B-1, ALL OF THAT CERTAIN PROPERTY BEING A PORTION OF ROYAL PATENT 5678, LAND COMMISSION AWARD 8521-B, APANA 1 TO G.D. HUEU; ALSO, BEING THE EAST PORTION OF LOT D-1-B BEING A PART OF THAT CERTAIN SUBDIVISION OF LAND FOUND OF RECORD AS SUB 09-000860, AS APPROVED FOR RECORDATION IN THE BUREAU OF CONVEYANCES OF THE STATE OF HAWAII, SAID LAND BEING SITUATED AT WAIKOLOA, SOUTH KOHALA, ISLAND OF HAWAII, COUNTY AND STATE OF HAWAII, TMK: (3)-6-8-001-069 CONTAINING AN AREA OF 23.559 ACRES, MORE OR LESS, TOGETHER WITH VARIOUS EASEMENTS Along with all buildings, structures and improvements now or hereafter located on each respective property LEASEHOLD/FEE: Fee Simple OPEN HOUSES: Wednesday, December 27, 2023, at 1:00 p.m. to 4:00 p.m. Wednesday, January 3, 2024, at 1:00 p.m. to 4:00 p.m. AUCTION DATE: 12:30 p.m.,Wednesday, January 17, 2024, at the Flag Pole in front of the Keahuolu Courthouse, 74-5451 Kamakaeha Avenue, Kailua-Kona, Hawai’i 96740 TERMS OF SALE: Pursuant to the Order Granting Plaintiff’s Second Motion for Summary Judgment for Interlocutory Decree of Foreclosure filed on December 28, 2021 in Iron Horse Credit LLC vs. Aina Le’a, Inc., Lulana Gardens LLC, Ho’olei Village LLC, B-1-A D-1-A, LLC, Romspen Investment Corporation, Bridge Aina Le’a, LLC, Libo Zhang, John Doe Entities 1-50, Jane Doe Entities 1-50, and Doe Entities 1-50, Civil No. 3CCV-20-0000375, 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 (1) Parcels 38&39 and (2) Parcel 69, pursuant to the following terms and conditions: Parcels 38&39 and Parcel 69 shall be sold “AS IS” in two separate public auctions, first for Parcels 38&39 together, and then for Parcel 69, separately, without any representations or warranties whatsoever as to title or possession, to the respective highest bidder with no upset price. Parcels 38&39 (sold together) and Parcel 69 (sold separately) shall be sold subject to existing first mortgage liens on the respective properties. Except for SDCK I, LLC, potential bidders must provide proof of ability to pay ten percent (10%) by private disclosure to Commissioner, prior to participation in bidding at the auctions. A non-refundable deposit of not less than Ten Percent (10%) of the highest successful bid shall be paid to the Commissioner at close of auction, such payment to be made in cash, money order, certified or cashier’s check (not personal check); provided that SDCK 1, LLC shall be allowed to credit bid against the amount owed to SDCK I, LLC and is not required to deposit any down payment. 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 or by credit bid as ordered by the Court. 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 respective successful purchasers. Available proceeds from the sale of the respective properties shall be used to pay any delinquent real property taxes for each of the respective properties. Real estate brokerage commission will not be paid from sales proceeds. Neither the availability of title insurance nor securing possession of the respective properties shall be a condition of closing. Each of the respective subject properties will be conveyed by respective Commissioner’s (Quitclaim) Deed pursuant to order of the Third Circuit Court. THE RESPECTIVE SALES ARE SUBJECT TO AND SHALL NOT BE FINAL UNTIL CONFIRMED BY THE PRESIDING JUDGE OF 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. Interested buyers shall be responsible for their own due diligence as to title for this property. For further information, contact: George R. (Rick) Robinson, Commissioner P. O. Box 430, Kealakekua, Hi 96750 Telephone: 808-224-0638; Email: grirobins@aol.com (WHT1438629 12/15, 12/22, 12/29/23)

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Kyra Bronson R(B) 23930

LUVA Real Estate

92-9064 Lotus Blossom Lane, Ocean View, HI 96737 - Foreclosure Sale

From West Hawaii Today 12/14/23:

Notice #: 0001440255-01
Foreclosures

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NOTICE OF FORECLOSURE SALE ACTION: US BANK TRUST NATIONAL ASSOCIATION VS. MARSHALL D. CHINEN, Special Administrator of the Estate of James Robert Duke, Jr.; ET AL; Civil No. 3CCV-23-152 (Foreclosure), Circuit Court of the Third Circuit (Hilo Division Two). PROPERTY DESCRIPTION: 92-9064 Lotus Blossom Lane, Ocean View, HI 96737. 3 bedrooms/1 bathroom house of 1,596 square feet built in 1982. Land area of 2 acres. OPEN HOUSES: None, pursuant to Court Order. AUCTION DATE: THURSDAY, JANUARY 18, 2024, AT NOON, by the 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 financing, 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. (WHT1440255 12/14, 12/21, 12/28/23)

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Kyra Bronson R(B) 23930

LUVA Real Estate

15-1868 29th Avenue, Keaau, Hawaii 96749 - Foreclosure date change

 From Hawaii Tribune Herald 12/13/23:

Notice #: 0001439140-01
Foreclosures

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NOTICE OF POSTPONED 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 August 15, 2023, in Mortgage Assets Management, LLC, v. Marshall D. Chinen, Esq., as Personal Representative for the Estate of Erwin Francis Chase Jr., Deceased, et al., Civil No.3CCV-19-0000036, Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner will sell the following described property at public foreclosure sale at the date and time set forth below: PROPERTY: All of that certain parcel of land situate at Keaau, District of Puna, Island and County of Hawaii, State of Hawaii, being LOT 488 in Block 8, as shown on Map 60, 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, and containing an area of 1.000 acres, more or less. Bearing TMK (3) 1-5-016-019. STREET ADDRESS: 15-1868 29th Avenue, Keaau, Hawaii 96749. TERMS: The property will be sold “as is” at public auction with NO UPSET PRICE, and with ten percent (10%) of the highest bid payable in cash, certified or cashier’s check at the fall of the hammer; balance is payable upon delivery of documents transferring title; purchaser shall pay all costs of escrow, conveyancing, recordation and conveyance tax, and shall be responsible for securing possession; SALE SHALL NOT BE FINAL UNTIL APPROVED AND CONFIRMED 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, accrued and unpaid real property, conveyance tax, accrued and unpaid ground rent payments, recordation and costs of securing possession after closing. The ability of the purchaser to secure title insurance shall not be a condition of closing. NO ADDITIONAL OPEN HOUSES WILL BE HELD. POSTPONED SALE DATE: The lot will be auctioned for sale on Thursday, December 28, 2023, beginning at 12:00 noon, at the front entrance of Hale Kaulike (Hilo Judiciary Complex), 777 Kilauea Avenue, Hilo, Hawaii. The original sale date was November 28, 2023. For legal description of property to be conveyed and for further details about the sale, contact JEREL YAMAMOTO, Commissioner, 187 Kapiolani Street, Hilo, Hawaii 96720 (phone (808) 961-0641); email: jerel@noyhawaii.com. ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY THE PURCHASER BEFORE BIDDING. Jerel Yamamoto Commissioner (HTH1439140 12/13/23)

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Kyra Bronson R(B) 23930

LUVA Real Estate

15-1055 Ala Heiau Road, Keaau, Hawaii 96749 - Foreclosure Notice

 From Hawaii Tribune Herald 12/10/23:

Notice #: 0001439754-01
Foreclosures

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NOTICE OF COMMISSIONER’S 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 and Judgment filed in the below- named court action, the undersigned Commissioner will sell the following real property at public auction at the date, time and place set forth below. COURT ACTION: BANK OF AMERICA, NATIONAL ASSOCIATION vs. MARSHAL D. CHINEN, ESQ. PERSONAL REPRESENTATIVE OF THE ESTATE OF WAYNE LEE MORT, et al. Circuit Court Hilo Civil No. 3CCV-19-66 (Foreclosure), Third Circuit Court, State of Hawaii. PROPERTY DESCRIPTION: Tax Map Key No. (3) 1-5-032-034-0000 15-1055 Ala Heiau Road, Keaau, Hawaii 96749 Single Family Residence, 1 bedroom, 2 bathrooms, 1,288 sq. ft., Lot 0.51 acres. LOCATION/ DIRECTIONS: 15-1055 Ala Heiau Road, Keaau, Hawaii From Hilo: Take Hawaii Belt Road (HI-11), Use the left 2 lanes to turn left onto HI-130/Keaau Pahoa Bypass Rd, Turn left onto Makuu Dr, Turn left onto Ala Heiau Rd, destination will be on the right. OPEN HOUSES: No Open House, please contact Commissioner for more details. DATE AND LOCATION OF AUCTION: Tuesday, January 9, 2024 at 12:00 p.m. Entrance of the Judiciary Complex/ Hale Kaulike Building, at 777 Kilauea Ave., Hilo, HI 96720 TERMS OF SALE: Property to be sold “as is” to the highest bidder by the court appointed commissioner at a public auction. No upset price, but any sale is subject to court confirmation. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT IN A COURT ORDER. Deposit of ten percent (10%) of the amount of the bid price in cash, cashier’s check or certified check is due at close of bidding. Bidders not authorized by the court must show proof to the Commissioner of their ability to pay the required deposit prior to bidding. Balance of bid price is due upon court approval and confirmation of sale. If the balance is not paid to Commissioner upon approval and confirmation of sale, the ten percent (10%) deposit may be forfeited. Purchaser shall pay all costs of conveyance, including escrow documents, conveyance tax, recording fees, etc., and shall be responsible for securing possession of the property and all costs incident thereto. FOR FURTHER INFORMATION: Contact IVAN L. VAN LEER, Commissioner, P.O. Box 1297, Pahoa, Hawaii 96778, Tel No. (808)-965-0270; email ivanvanleer@yahoo.com. (HTH1439754 12/10, 12/17, 12/24/23)

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Kyra Bronson R(B) 23930

LUVA Real Estate

73-4920 Manu Mele Street, Kailua- Kona, Hawai’i 96740 - Foreclosure Notice

 From West Hawaii Today 12/9/23:

Notice #: 0001439631-01
Foreclosures

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NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil No. 3CCV-22-0000375, the below Commissioner has been appointed to sell the named property at public auction. PROPERTY DESCRIPTION: Located at 73-4920 Manu Mele Street, Kailua- Kona, Hawai’i 96740. TMK (3) 7-3-047-090. Lot 8 of the Kona Heavens, Unit III. 1.036 acres. OPEN HOUSES: January 6 and 7, 2024 from 10:00 a.m. until noon. AUCTION: January 10, 2024 at 12:00 p.m. Auction will be held at the flagpoles at the Keahuolu Courthouse, 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 whatsoever 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 such person’s present 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 shall fail 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 ten 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: Jason R. Kwiat, Schlueter, Kwiat&Kennedy LLLP, Atrium Court, 75-167 Kalani Street, Suite 201, Hawaii 96740. Tel. No. (808) 987-7275, Email: jason@kona-lawyer.com (WHT1439631 12/9, 12/16, 12/23/23)

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Kyra Bronson R(B) 23930

LUVA Real Estate

68-1685 Alana St, Waikoloa, HI 96738 - Foreclosure Notice

 From West Hawaii Today 12/6/23:

Notice #: 0001438881-01
Foreclosures

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NOTICE OF FORECLOSURE 68-1685 Alana St, Waikoloa, HI 96738 TMK (3) 6-8-032-061-0000 Notice is hereby given that pursuant to the Findings of Fact and Conclusions of Law; Order Granting Plaintiff’s Motion For Summary Judgment and For Interlocutory Decree Of Foreclosure Filed July 31, 2023; Exhibit A, DEUTSCHE BANK v DODGE, et al Defendants; Civil No. 3CC18100110K (Foreclosure) in the Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner has been appointed to sell the above described property at public auction as follows: Property Description: 3 BR, 2 BA, 1,720 sq. ft. single family residence, 0.2596 acre (11,306 sq. ft) lot Open Houses: None per Court order Auction: January 11, 2024 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. 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, certified or cashier’s 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, 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 (WHT1438881 12/6, 12/13, 12/20/23)

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Kyra Bronson R(B) 23930

LUVA Real Estate

276 Olu Street, Hilo, Hawaii 96720 - Foreclosure Notice

 From Hawaii Tribune Herald 12/6/23:

Notice #: 0001439143-01
Foreclosures

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NOTICE OF FORECLOSURE SALE ACTION: US BANK NATIONAL ASSOCIATION VS. KWAI-CHANG PUBLICO; KEIKO M. PUBLICO; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR NEW CENTURY MORTGAGE CORPORATION; 92 KALANIANAOLE LLC; THE AGENCY, INC.; BIG ISLAND FEDERAL CREDIT UNION; ET AL; Civil No. 3CC191000263 (Foreclosure)(Hilo), Circuit Court of the Third Circuit. PROPERTY DESCRIPTION: 276 Olu Street, Hilo, Hawaii 96720. 3 bedroom/ 2 bathroom residence built in 1976 per County records. Square feet: 880 sq. ft. per County records. TMK No.: (3) 2-2-042-94. OPEN HOUSES: PREVIOUSLY HELD. AUCTION DATE: JANUARY 16, 2024, at 12:00 noon, at the front entrance of Hale Kaulike (Hilo Courthouse) 777 Kilauea Avenue, Hilo, Hawaii. 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. (HTH1439143 12/6, 12/13, 12/20/23)

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Kyra Bronson R(B) 23930

LUVA Real Estate