When the Commissioner makes an advertising mistake

First, I'd like to give everyone a reminder that Commissioners are not professional foreclosure auctioneers.  They are regular attorneys who specialize in things such as estate planning, divorces, even criminal law, but never foreclosures.  These attorneys with random other specializations get assigned these foreclosure cases by the court.  They do just a few of them a year, so it is understandable that they may not be experts at it.  That said, I've written many times before about paying close attention to the details.  The auction is required to be advertised in the paper 30 days before, and it must be advertised for 3 consecutive weeks.  

I attended a court confirmation today for one that had only been in the paper twice.  The commissioner didn't catch it, the bank's attorney didn't catch it, the defendant didn't catch it... but the judge did!  She denied the Motion to Confirm and sent the property back to auction since it had only been advertised twice.  

As you're doing your due diligence, make sure you check the bottom of the newspaper advertisement.  It will show the three dates it is published.  If you don't see 3 dates listed, you better have a conversation with the commissioner!  

Example of a recent correct publication:  (HTH1528698 5/24, 5/31, 6/7/2026) 3 dates.  

The publication in question today:  (WHT1517229 1/22, 1/29/26) Whoops!  Only 2 dates!  

What concerns me even more than this is... what if the judge hadn't caught this?  What if you bought this at auction, and three years later the defendant decides to have someone look over the case and a new savvy attorney sees there were only two advertisements?  Would the defendant be able to undo the foreclosure due to this error?  And if so, what would happen to your investment?  Things to ponder and reasons to be very diligent!  

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Kyra Bronson R(B) 23930

LUVA Real Estate

17-320 Ipuaiwaha Street, Keaau, Hawaii 96749 - Foreclosure Notice

 From Hawaii Tribune Herald 5/24/26:

Notice #: 0001528698-01
Foreclosures

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NOTICE OF COMMISSIONER’S SALE BY AUCTION 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 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: MCH SUB 1, LLC vs. Taniguchi, et al. Circuit Court Hilo Civil No. 3CC 13-1-386 (Foreclosure), Third Circuit Court, State of Hawaii. PROPERTY DESCRIPTION: Tax Map Key No. (3) 1-7-030-051, 17-320 Ipuaiwaha Street, Keaau, Hawaii 96749, Single Family Residence, 1,312 Square ft., 3 bedrooms, 2 bathrooms, Lot 1.01 acres. LOCATION/DIRECTIONS: 17-320 Ipuaiwaha Street, Keaau, Hawaii 96749 From Hilo: Take Hawaii Belt Road (HI-11) toward Volcano, turn left onto Pa’Ahana Street, Turn left onto Ipuaiwaha Street, property will be on the left. OPEN HOUSES: No Open House, please contact Commissioner for more information. DATE AND LOCATION OF AUCTION: Tuesday, June 23, 2026 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, Hi 96778, Tel No. (808)-965-0270; email ivanvanleer@yahoo.com. (HTH1528698 5/24, 5/31, 6/7/2026)

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Kyra Bronson R(B) 23930

LUVA Real Estate

18-2000 OHIA NANI ST, VOLCANO, HI 96785 - Foreclosure Notice

 From Hawaii Tribune Herald: 

Notice #: 0001528207-01
Foreclosures

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NOTICE OF FORECLOSURE SALE Pursuant to the December 8, 2025 Findings of Fact and Conclusions of Law; Order Granting Plaintiff’s Motion for Summary Judgment and for Interlocutory Decree of Foreclosure Filed October 3, 2025 in Nationstar Mortgage LLC v. Asia Vanavichai, Special Administrator of the Estate of Dennis Wayne Pickering; et al., Civil No. 3CCV-24-0000404, 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: This 3 bedroom, 2 bath home built in 1993 is located on a 12,005 square foot lot on Ohia Nani Road in the Aloha Estates Subdivision of Mountain View, Hawaii. (Tax Map Key: (3) 1-8-062-012). 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. All costs and expenses of conveyance, including conveyance tax, escrow fees, securing possession of the subject property, recording fees, and any other closing costs, shall be at the expense of the successful purchaser. 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: Pursuant to Court Order, there will be NO OPEN HOUSES. Do NOT attempt to enter upon and/or into the property. Direct any inquiries to the below-named Commissioner. DATE, TIME AND PLACE OF AUCTION: Tuesday, June 16, 2026,12:00 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: 961-1080; Facsimile: 961-1082; E-Mail: kalaguire@aol.com. (HTH1528207 5/17, 5/24, 5/31/26)

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Kyra Bronson R(B) 23930

LUVA Real Estate