54-2701 Union Mill Road, Kapaau, HI 96755 - Foreclosure Notice

 From West Hawaii Today 03/02/2024

Notice #: 0001446625-01
Foreclosures

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NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil 3CC18100207K, the below Commissioner has been appointed to sell the named property at public auction. TMK No. 3-5-4-010-051-0000, a property located at: 54-2701 Union Mill Road, Kapaau, HI 96755. NO OPEN HOUSES; AUCTION will be held: April 10, 2024 at 12:00 PM. Auction will be held at Keahuolu Courthouse, 74-5451 Kamakaeha Ave, Kailua Kona HI 96740 at the “Flagpoles” near the northwest corner of the building. TERMS: No upset price. Property is to be sold in its 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. 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 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: Nicole K. Bowman, Schlueter, Kwiat & Kennedy LLLP, Atrium Court, 75-167 Kalani Street, Suite 201, Hawaii 96740. Tel. No. (808) 987-7275, Email: nicole@kona- lawyer.com (WHT1446625 3/2, 3/9, 3/16/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

82-1025 KINUE ROAD, CAPTAIN COOK, HI 96704 - Foreclosure Notice

 From West Hawaii Today 2/16/2024:

Notice #: 0001444669-01
Foreclosures

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NOTICE OF FORECLOSURE SALE FEE SIMPLE HOUSE & LOT 82-1025 KINUE ROAD, CAPTAIN COOK, HI 96704 By order of the Third Circuit Court in Civ. No. 3CCV-22-0000104 the undersigned Commissioner has been appointed to sell the named property at public auction or private sale. PROPERTY DESCRIPTION: Three-bedroom, 1-bath, unfurnished house and garage on 7,553 sq ft lot (0.1734 acre) with 912 sq ft living area. TMK 3-8-2-013-027-0000. 2023 Market and County-assessed values: Land: $128,100; Building: $156,800; Total taxable value: $284,900. For full legal description see Mortgage recorded in the Bureau of Conveyances on 12/2/2005 as Doc. No. 2005-246225. The mortgage was assigned to OneWest Bank FSB on 11/30/2009 as document 2009-181863. Through various name changes and further assignments, the loan documents were acquired by plaintiff, US Bank Trust, N.A., etc., by assignment recorded in the Bureau on 3/23/2020 as Document Number A73870651. This is an action to foreclose the assigned mortgage, the amount due of which, including accumulating interest and late charges, is $752,184.10 as of 10/28/2022. OPEN HOUSES: Saturday, Feb. 24, 2023, 12 noon to p.m., and Saturday, Mar. 2, 2024, 12 noon to 2 p.m. AUCTION DATE: Friday, March 15, 2024, at 12 o’clock Noon. AUCTION LOCATION: Flag-pole at the Keahuolu Courthouse, 74-5451 Kamakaeha Ave, Kailua-Kona. TERMS OF SALE: NO UPSET PRICE. Property to be sold “as is” at public auction or private sale without any representations or warranties as to title or possession. At least ten percent (10%) of the bid price in cash or 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. Inability of purchaser to secure title insurance or financing shall not be a condition of closing. Bidders must show commissioner their ability to make the required down payment prior to bidding, except mortgage holder may credit bid. Buyer(s) responsible for all costs of closing including 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, and fees and costs approved by the Court. Sale subject to Court Confirmation. FOR FURTHER INFORMATION: Contact FRANK L. MILLER, Commissioner: 808-323-2252; P.O. Box 415, Kealakekua, HI 96750; or franklewismillerlaw@gmail.com (WHT1444669 2/16, 2/23, 3/01/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

89-709 Lani Kona Rd, Captain Cook, Hawaii 96704 - Foreclosure Notice

 From West Hawaii Today 1-18-24:

Notice #: 967920997
Foreclosures

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NOTICE OF FORECLOSURE SALE

NOTICE IS HEREBY GIVEN that by Order of the
Circuit Court of the Third Circuit in Civil No. BCCV-
22-0000032 (Dkt. 71, ?led Sep. 21, 2023), the
below Commissioner has been appointed to sell
the following real property at public auction.

PROPERTY DESCRIPTION: Located at 89—709 Lani
Kona Rd, Captain Cook, Hawaii 96704. 2BR/ 13A,
approximately 800 sq. ft. dwelling, approximately
1 acre parcel,TMK (3) 8—9—009-002.

OPEN HOUSES: None.

AUCTION: Thursday, March 7, 2024, 12 pm, at
the flagpoles in front of the Keahuolu Courthouse,
74-5451 Kamakaeha Ave., Kailua-Kona, Hawaii,
96740.

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, and with a quitclaim conveyance.The
successful bidder shall make a down payment to
the Commissioner in an amount not less than ten
percent (10%) of the highest successful bid price.
Prior to participation in the auction, participants
must prove their ability to comply with the 10%
requirement, which must be paid by certified or
cashier’s check, money order, or cash. 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 balance of the purchase price shall
be paid upon approval and confirmation of the
foreclosure sale by the Court and the tender of
the document transferring title to the mortgaged
property. The Commissioner will close the sale
through a Hawaii licensed escrow company if so
requested by the purchaser or if so ordered by the
Court. The purchaser shall pay for all costs and
expenses of closing, including but not limited to
conveyance costs and taxes, escrow and closing
costs, title insurance, notary fees, and eviction
costs. Neither the availability of title insurance
nor securing possession of the property shall be
a condition of closing.The sale is subject to Court
confirmation.

DISCLOSURE: The information in this Notice
has been obtained from sources believed by
the Commissioner to be reliable but may not be
complete or accurate. It is the sole responsibility
of the bidder to verify the information in this
Notice.

COMMISSIONER: Emil A. Macasinag, Kuakini
ower, 755722 Kuakini Hwy., Ste. 100, Kailua-
Kona, HI 96740, (808) 326-4852.

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Kyra Bronson R(B) 23930

LUVA Real Estate

1945 Keo Street, Hilo, Hawaii - Foreclosure Notice

 From Hawaii Tribune Herald 01/07/24:

Notice #: 0001442904-01
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 and Decree of Foreclosure Against All Defendants on Complaint Filed September 5, 2019 filed February 26, 2020 in Wells Fargo Bank, N.A. v. J. Arthur Pinkney, et al., Civil No. 3CC191000247, Third Circuit Court, State of Hawaii, the following described real property will be sold by the undersigned Commissioner at public auction on the date and at the time set forth below: PROPERTY DESCRIPTION: Fee simple property that contains a 3 bedroom, 2 bath residence built in 2003 located at 1945 Keo Street, Hilo, Hawaii (Tax Map Key: (3) 2-5-050-066). TERMS OF SALE: The property will be sold “AS IS” to the highest bidder, at public auction, with NO UPSET PRICE. The successful bidder is required to make a down payment to the Commissioner at the close of the auction in an amount of not less than ten percent (10%) of the highest successful bid price, and said payment shall be made in cash, certified check or cashier’s check. 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 purchase price shall be paid in cash, certified check or cashier’s check to the Commissioner upon approval and confirmation of the sale by the Third Circuit Court and upon tender of the document(s) transferring title. 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 tax, conveyance tax, accrued and unpaid ground rent payments, recordation and costs of securing possession after closing. Neither availability of title insurance nor securing possession of the property shall be a condition of closing. The subject property will be conveyed in fee simple by Commissioner’s Deed pursuant to order of the Third Circuit Court. THIS SALE SHALL NOT BE FINAL UNTIL APPROVED AND CONFIRMED BY THE THIRD CIRCUIT COURT, STATE OF HAWAII. OPEN HOUSES: Sunday, January 28, 2024, 10:00 a.m. to 12:00 noon, and Thursday, February 1, 2023, 10:00 a.m. to 12:00 noon. Please contact the Commissioner (see below) for a Fact Sheet and further information. DATE, TIME AND PLACE OF AUCTION: Monday, February 5, 2024, 12:00 noon, main entrance to the Hilo Judiciary Building, 777 Kilauea Avenue, Hilo, Hawaii. COMMISSIONER: KRIS A. LaGUIRE, Attorney at Law, 688 Kinoole Street, Suite 204, Hilo, Hawaii 96720. Telephone: (808) 961-1080; E-Mail: kalaguire@aol.com. (HTH1442904 1/07, 1/14, 1/21/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

53-4255 Akoni Pule Highway - Foreclosure Notice

From West Hawaii Today 1/6/24:

Notice #: 0001442621-01
Foreclosures

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NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil No. 3CCV-21-0000118, the below Commissioner has been appointed to sell the named property at public auction. PROPERTY DESCRIPTION: Located at 53-4255 Akoni Pule Highway. 4BD/1BA. 704 square feet. Built in 1944. TMK (3) 5-3-010-080. OPEN HOUSES: None. AUCTION: February 7, 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 (WHT1442621 1/6, 1/13, 1/209/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

68-1764 Keokea Place, Waikoloa, HI 96738 - Foreclosure Notice

 From West Hawaii Today 01/05/24:

Notice #: 0001442658-01
Foreclosures

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NOTICE OF FORECLOSURE SALE A 1,808 sq. ft. single family home in the District of South Kohala, Island and County of Hawaii, State of Hawaii; TMK (3) 6-8-029-019. The property is located at 68-1764 Keokea Place, Waikoloa, HI 96738 on a 10,013 sq. ft lot. Fee Simple. Notice is hereby given that pursuant to the Order Granting Plaintiff’s Motion For Summary Judgment and Interlocutory Decree of Foreclosure filed on October 19, 2023 in the Circuit Court of the Third Circuit, State of Hawaii, in 3CCV-22-314, the undersigned Commissioner has been appointed to sell the above described property at a public auction as follows: Open House: Sunday, January 21, 2024 12:00 p.m. – 2:00 p.m. Sunday, January 28, 2024 12:00 p.m. – 2:00 p.m. Auction: Monday, February 5, 2024 12:00 p.m. at the flagpole fronting Keahuolu Courthouse at 74-5451 Kamakaeha 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, 84-7-4799 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. (WHT1442658 1/5, 1/12, 1/19/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

13-3472 Pomaikai Steet, Pahoa, Hawaii 96778 - Foreclosure Notice

 From Hawaii Tribune Herald 01/05/24:

Notice #: 0001442367-01
Foreclosures

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NOTICE OF FORECLOSURE SALE The undersigned Commissioner in Civil No. 3CCV-22-0000233, Third Circuit Court, State of Hawaii, will sell at public auction the following property at tmk: (3) 1-3-038-015, 13-3472 Pomaikai Steet, Pahoa, Hawaii 96778. DATE AND PLACE OF SALE: February 6, 2024, Tuesday, 12 noon, front entrance to Hale Kaulike Courthouse Building, 777 Kilauea Ave., Hilo, Hawaii. TERMS OF SALE: The property shall be sold “as is” with no upset price. Ten percent of the highest bid shall be paid down in cash or cashier’s check. Plaintiff may satisfy the down payment by way of offset up to the amount of its secured debt. The purchaser shall pay closing costs, escrow fees, title insurance, conveyance costs, recordation and costs of securing possession. The sale shall not be final until approved by the Court. OPEN HOUSES: January 16 and 30, 2024, 9:00 – 11:00 a.m. Contact Curtis E. Chong, P.O. Box 1483, Hilo, HI 96721; (808) 756-1621. (HTH1442367 1/05, 1/12, 1/19/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

16-144 Pohaku Place, Keaau, Hawaii 96749 - Foreclosure Notice

 From Hawaii Tribune Herald 1/3/24:

Notice #: 0001442470-01
Foreclosures

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NOTICE OF FORECLOSURE SALE Pursuant to the Findings Of Fact and Conclusions Of Law; Order Granting Plaintiff’s Motion For Summary Judgment Against All Defendants And For Interlocutory Decree Of Foreclosure; Filed August 10, 2022, Exhibit “A”, in , Case No. 3CCV-21-0000344. Commissioner will sell at public auction the following: PROPERTY DESCRIPTION: Tax Map Key No. (3) 1-6-064-181 consisting of 3 bedrooms, 2 baths, 1,592 square foot dwelling on 2.0020 acres, more or less, per the records of the County of Hawaii Real Property Tax Office. Property should be unoccupied. Interested persons should do their own investigation. PROPERTY ADDRESS: 16-144 Pohaku Place (Orchid Land Estates) Keaau, Hawaii 96749 2022 TAX ASSESSED VALUES: Land: $64,800.00 Building: $441,600.00 The Commissioner does not warrant the accuracy of information. Persons interested in bidding should do their own investigation. PUBLIC AUCTION DATE: Public auction will be held on JANUARY 31, 2024, at 10:00 a.m., at the front entrance of Hale Kaulike, 777 Kilauea Avenue, Hilo, Hawaii 96720. TERMS AND METHODS OF SALE: The property will be sold ?AS IS? to the highest bidder at public auction with no upset price. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. The highest bidder for the property is required to make a down payment in cash, certified check, or cashier’s check at the time of the bid in an amount equal to ten percent (10%) of the bid price. The balance of the price shall be paid in cash, certified check, or cashier’s check to the Commissioner after approval and confirmation of the sale by the Court. The purchaser shall pay closing costs, including, but not limited to costs of escrow fees, title insurance premiums, conveyance document preparation fees, conveyance tax, recordation and costs of securing possession after closing. The ability of the purchaser to secure title insurance shall not be a condition of closing. FOR FUTHER INFORMATION: Contact Commissioner KATHLEEN KENTISH LUCERO, Attorney at Law, Telephone: (808) 933-1252. Fact Sheet will be emailed upon request to sha.lucerolaw@gmail.com (HTH1442470 1/3, 1/10, 1/17, 1/24/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

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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Kyra Bronson R(B) 23930

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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Kyra Bronson R(B) 23930

LUVA Real Estate

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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Kyra Bronson R(B) 23930

LUVA Real Estate