15-1974 23rd Ave. Keaau, HI 96749 - Foreclosure Notice

 

From Hawaii Tribune Herald 6/19/22:

Notice #: 0001375298-01
Foreclosures

NOTICE OF FORECLOSURE SALE COURT ACTION: MTGLQ INVESTORS, L.P. vs. JON CALVIN KIRBY; SHU-HUA HO; HAWAIIAN PARADISE PARKS OWNERS ASSOC..; et.al.; Civ. No. 17-1-0264 DESCRIPTION OF PROPERTY: Street Address: 15-1974 23rd Ave. Keaau, HI 96749 Land: That certain parcel of land situate at Keaau, District of Puna Island and County of Hawaii, State of Hawaii; Lot 1123, area 1.000 acre, more or less, BLOCK 8, as shown on Map 60, filed in the office of the Assistant Registrarof the Land Court of the State of Hawaii with the Land Court Application No. 1053 (amended) of W.H. Shipman, Limited. Together with easements; BUILDING: Dwelling 3 bdrm 3 bath DATE, TIME, AND PLACE OF SALE: July 20, 2022 at noon, on the front entrance of the Hale Kaulike Bldg, 777 Kilauea Ave., Hilo, HI 96720. TERMS AND METHOD 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 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 purchase price shall be paid by way of cash, certified or cashier’s check to the Commissioner upon approval and confirmation of the sale by the Circuit Court of the Third Circuit and tender of the document transferring title. The buyer(s) shall be responsible for paying the costs of conveyancing, including escrow fees, preparing documents, recordation, conveyance tax, and securing possession of the property. OPEN HOUSE: None LIEN TOTAL: $406,204.91 FOR FURTHER INFORMATION: contact FRANCIS R. ALCAIN, 101 Aupuni Street, Ste. 122, Hilo, Hawaii 96720. Telephone No.: (808) 935-2410. alcain@alcainnaniole.com (HTH1375298 6/19, 6/26, 7/3/22)

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75-233 Nani Kailua Dr., #113, Kailua-Kona, HI 96740 - Foreclosure Notice

 

From West Hawaii Today 6/19/2022:

Notice #: 0001375573-01
Foreclosures

NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil No. 3CCV-20-0000413, the below Commissioner has been appointed to sell the named property at public auction. PROPERTY DESCRIPTION: Located at 75-233 Nani Kailua Dr., #113, Kailua-Kona, HI 96740, a 2 bedroom, 2 bath, 1,084 sq. ft. structure, T-M-K: (3)7-5-010-008-0113. OPEN HOUSES: June 30, 2022&July 7, 2022, from 12:00 a.m. to 2:00 p.m. AUCTION: July 18, 2022, at 12:00 p.m. Auction will be held at the flagpole(s) at the Keahuolu Courthouse located at 74-5451 Kamakaeha Avenue, Kailua-Kona, HI. TERMS: No upset price. Property is to be sold in its “as in” condition, without any representations or warranties as to title or possession and by way of a quitclaim conveyance by public commissioner’s sale. The successful bidder at sale shall make a down payment to Commissioner of no less than ten percent (10%) of the highest successful bid price. Payment in cash, money order, by cashier’s check or by certified check, provided that Plaintiff may satisfy the down payment by way of offset up to the amount of its secured debt (“Credit Bid”). Prior to bidding, any person not previously authorized to Credit Bid must show the Commissioner ability to make the required down payment immediately upon the close of bidding at sale. At the Court’s discretion, the 10% down payment may be forfeited in whole or in part if the purchaser fails to pay the balance of the purchase price as required and set forth below. The Court may, for good cause, allow further bidding. In the event that such bidding is allowed, the first post auction bid must be at least one hundred 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 believe by Commissioner to be reliable but may not necessarily be accurate or complete. It is the sole responsibility of all bidders to verify the information contained herein. COMMISSIONER: Michael H. Schlueter, Schlueter, Kwiat&Kennedy LLLP, 75-167 Kalani Street, Suite 201, Kailua-Kona, HI 96740. Tel. No. (808) 987-7275, Fax No. (808) 443-0339. Email: michael@kona-lawyer.com. (WHT1375573 6/19, 6/26, 7/3/22)

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11-3608 Plumeria Street, Mountain View, Hawaii 96771 - Foreclosure Notice

 

From Hawaii Tribune Herald 6/14/22:

Notice #: 0001371321-01
Foreclosures

NOTICE OF FORECLOSURE SALE COURT ACTION: Pursuant to the Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Default Judgment Against Defendants Kolomona Manowai Kanaele and Sandi-Lyn Uilani Kanaele and Summary Judgment and Decree of Foreclosure Against All Defendants on Complaint filed August 20, 2020; in Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2007-6, Asset-Backed Certificates, Series 2007-6 v. Kolomona Manowai Kanaele et al., Civil No. 19-1-0229, Circuit Court of the Third Circuit, State of Hawaii, the property described below will be sold by the Commissioner at a public foreclosure sale at the date and time set forth below. PROPERTY DESCRIPTION: All of that certain parcel of land situated at 11-3608 Plumeria Street, Mountain View, Hawaii 96771, Island and County of Hawaii, being 87,120 square feet, more or less, in Fern Acres, neighborhood code 1132-5, with TMK: (3) 1-1-039-139. Dwelling 5 rooms and 2 full bathrooms. TERMS OF SALE: The property shall be sold “AS IS” at a public auction with no upset price. The sale price may be less than the total encumbrances, with ten percent (10%) of the highest bid payable in cash or cashier’s check at the close of the auction. The 10% 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 is payable upon delivery of documents transferring title. Buyer shall pay all costs of escrow, conveyance, recordation and conveyance tax, and shall be responsible for securing possession of the property. Sale of the property is subject to further bidding at Confirmation Hearing. THE SALE SHALL NOT BE FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. LOCATION: The property is located at Fern Acres, 11-3608 Plumeria Street, Mountain View, Hawaii 96771. OPEN HOUSE: None, per Court order. SALE DATE: The property will be auctioned for sale on July 12, 2022, beginning at 12:00 p.m. at the front entrance of Hale Kaulike (State Judiciary Building), located at 777 Kilauea Avenue in Hilo, Hawaii. ***COVID-19 INFORMATION: All auction participants/observers must maintain a six-foot physical distance from all other parties involved in the auction and masks are preferred.*** FURTHER INFORMATION: For further details, please contact BreeAnn A. Larios, Commissioner P.O. Box 71, Laupahoehoe, Hawaii 96764. Telephone: 808-796-3368. Email: LariosLawHawaii@gmail.com (HTH1371321 6/14, 6/21, 6/28/22)

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75-6081 Alii Drive # 0-101, Kailua Kona, Hawaii 96740 - Foreclosure Notice

 

From West Hawaii Today 6/13/2022:

Notice #: 0001374744-01
Foreclosures

NOTICE OF FORECLOSURE SALE. NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING V. HAEMI JEE; ASSOCIATION OF APARTMENT OWNERS OF ALII LANI, et. al., 3CCV-20-0000094, Circuit Court of the Third Circuit, State of Hawaii. A 3 bedroom 2 bath condominium, approximately 917 sq. ft., located at 75-6081 Alii Drive # 0-101, Kailua Kona, Hawaii 96740, TMK (3) 7-5-020-073-0109. Notice is hereby given that pursuant to Findings of Fact and Conclusions of Law; Order Granting Plaintiff’s Motion for Summary Judgment and for Interlocutory Decree of Foreclosure Filed December 16, 2021, May 5, 2022, the undersigned Commissioner was appointed to sell the above-described property at public auction. OPEN FOR INSPECTION: Saturday July 9, 2022, 9am-11am& Tuesday July 12, 2022, 9am-11am. AUCTION: Monday July 18, 2022, noon, at the flagpole at the Keahuolu Courthouse 74-5451 Kamakaeha Ave, Kailua-Kona, Hawaii. TERMS OF SALE. No upset price. Sold in “as is” condition to the highest bidder at public auction with no representations or warranties as to title or possession. Not less than ten percent (10%) of the highest successful bid price shall be deposited with the Commissioner payable in cash or cashier’s check at the close of the auction. Participants must prove their ability to comply with the 10% requirement prior to participation in the auction. Balance of the purchase price payable in cash or cashier’s check upon delivery of title documents or a date as the Court shall order. The 10% down payment may be forfeited in full or in part if the successful purchaser fails to pay the balance of the purchase price after court confirmation of the sale. The purchaser shall pay for all possession, eviction, escrow and closing costs, conveyance documents, recording costs, notary, conveyance taxes and shall be responsible for securing possession of the property. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. The Commissioner may require the use of escrow even if the purchaser does not require it, and purchaser will be responsible for any escrow costs. Sale is subject to confirmation and shall not be final until approved and confirmed by the presiding Judge of the Circuit Court of the Third Circuit, State of Hawaii. For more information contact Commissioner: Rebecca Colvin, 75-165 Hualalai Rd. Suite 202, Kailua-Kona, HI 96740; (808) 769-6847; rebecca@rcolvinlaw.com. (WHT1374744 6/13, 6/20, 6/27/22)

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11-3834 2nd Street, Volcano, Hawaii 96785 - Foreclosure Notice

 

From Hawaii Tribune Herald 6/12/22:

Notice #: 0001374852-01
Foreclosures

NOTICE OF COMMISSIONER’S SALE BY AUCTION Pursuant to the Findings of Fact and Conclusions of Law and Order Granting Plaintiff’s Motion for Default Judgment and Summary Judgment and 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: DEUTSCHE BANK NATIONAL TRUST COMPANY, et al. vs. CLAUDIO VICTORINO SEMANA, JR., et al. CIVIL NO. 16-1-0145 (Foreclosure), Third Circuit Court, State of Hawaii. PROPERTY DESCRIPTION: Tax Map Key No. (3) 1-1-007-100 11-3834 2nd Street, Volcano, Hawaii 96785 Single Family Residence, 1 bedroom, 1 bathroom, 676 sq. ft., 0.4591 acre lot. OPEN HOUSES: No Open House, please contact Commissioner for more details. DATE AND LOCATION OF AUCTION: Tuesday, July 12, 2022 at 10:00 a.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 (HTH1374852 6/12, 6/19, 6/26/22)

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65-1602 Kawaihae Road, Kamuela, HI 96743 - Foreclosure Notice

 

From West Hawaii Today 6/12/22:

Notice #: 0001372156-01
Foreclosures

NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil Civil No. 19-1-102K (Foreclosure), the below Commissioner has been appointed to sell the named property at public auction. TMK No. (3) 6-5-001-053-0000, a property located at: 65-1602 Kawaihae Road, Kamuela, HI 96743. OPEN HOUSES will be held as follows: OPEN HOUSE 1: Friday, July 8, 2022 10:00 AM to 1:00 PM; OPEN HOUSE 2: Friday, July 15, 2022 10:00 AM to 1:00 PM. AUCTION will be held: Tuesday, July 26, 2022 at 12:00 PM. Auction will be held Keahoulu Courthouse, 74-5451 Kamakaeha Ave, Kailua Kona HI 96740 at “Ho’o Pohaku” sculpture 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 bay 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 believe 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: Andrew M. Kennedy, Schlueter, Kwiat & Kennedy LLLP, Atrium Court, 75-167 Kalani Street, Suite 201, Hawaii 96740. Tel. No. (808) 987-7275, Email: andrew@kona-lawyer.com (WHT1372156 6/12, 6/19, 6/26/22)

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68-4747 Queen Kaahumanu Highway, County and State of Hawaii - Foreclosure Notice

 

From West Hawaii Today 6/12/22:

Notice #: 0001374857-01
Foreclosures

NOTICE OF FORECLOSURE SALE LOCATION: Aina Lea Inc, Kamuela, Hawaii TMK: 3-6-8-001-036, located at 68-4747 Queen Kaahumanu Highway, County and State of Hawaii DESCRIPTION: Parcel D-1-B-2, 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 WEST PORTION OF LOT D-1-B BEING A PART OF A CERTAIN SUBDIVISION OF LAND FOUND OF RECORD AS SUB 09-000860, AS APPROVED FOR RECORDATION, SAID LAND SITUATED AT WAIKOLOA, SOUTH KOHALA, ISLAND, COUNTY AND STATE OF HAWAII, TMK: (3)-6-8-001-036 CONTAINING AN AREA OF 37.863 ACRES, MORE OR LESS, WITH VARIOUS EASEMENTS. TOGETHER WITH ALL BUILDINGS, STRUCTURES, AND IMPROVEMENTS NOW OR HEREAFTER LOCATED THEREON, AND ALL RIGHTS, PRIVILEGES, TENEMENTS, HERDITAMENTS, RIGHTS-OF-WAY, EASEMENTS, APPRENDAGES, PROJECTIONS, APPURTENANCES, WATER RIGHTS (INCLUDING RIPARIAN AND LITTORAL RIGHTS) STREETS, WAYS, ALLEYS, AND STRIPS AND GORES OF LAND NOW OR HEREAFTER IN ANYWAY BELONGING, ADJOINING, CROSSING OR PERTAINING THERETO. LEASEHOLD/FEE: Fee Simple OPEN HOUSES: Wednesday, June 29, 2022 – 2:00 pm to 4:00 pm Wednesday, July 6, 2022 – 2:00 pm to 4:00 pm AUCTION DATE: 12:30 pm, Tuesday, July 12, 2022 At the Flag Pole at the District Court of the Third Circuit, 74-5441 Kamakaeha Avenue, Kailua-Kona, Hawai TERMS OF SALE: Pursuant to the Order Granting Plaintiff’s Motion for Summary Judgment for Interlocutory Decree of Foreclosure filed on April 6, 2022 in Romspen Investment Corporation, a Canadian Corporation vs Aina Lea, Inc., Emerald Hawaii Services, Inc, Aina Lea Land Trust No. 1, Robert Wessels, Iron Horse Credit LLC, Lulana Gardens LLC, John Does Entities 1-50, Jane Does Entities 1-50, Doe Partnerships 1 50, Doe Corporations 1-50, Doe Entities 3 50, and Doe Governmental Units 1-50, Civil No. 3CCV17100159K, ,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 herein, 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 Ten Percent (10%) by private disclosure to Commissioner, prior to participation in bidding at auction. A non-refundable deposit of not less than Ten Percent (10%) of the highest successful bid shall be paid down 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 Romspen Investment Corporation, a Canadian Corporation may satisfy the down payment by way of offset up to the amount of its secured debt. 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 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 (WHT1374857 6/12, 6/19, 6/26/22)

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390 Ohai Street A, Hilo, HI 96720 - Foreclosure Notice

 

From Hawaii Tribune Herald 6/9/22:

Notice #: 0001374274-01
Foreclosures

NOTICE OF FORECLOSURE SALE COURT ACTION: 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 May 20, 2015 in US Bank Trust National Association v. Marshall D. Chinen, et. al., Civ. No. 3CC151000188, Circuit Court of the Third Circuit, State of Hawaii, the Commissioner will sell the property at public foreclosure sale at the date and time set forth below. PROPERTY DESCRIPTION: All of that certain parcel of land situate at (3) 2-6-003-035:0000, 2,855 sq. ft., more or less, TERMS OF SALE: The property shall be sold “AS IS” at a public auction with NO UPSET PRICE and sale price could be less than the total encumbrances, and with ten percent (10%) of the highest bid payable in cash, money order, by cashier’s check or by certified check at the fall of the hammer. The commissioner shall request evidence of the bidder’s cash or cashier’s check and status as a party entitled to bid pursuant to order of the court before the public auction begins. The balance is payable upon delivery of documents transferring title. Buyer shall pay all costs of escrow, conveyance, recordation, conveyance tax and shall be responsible for securing possession. Sale is subject to further bidding at Confirmation Hearing. SALE SHALL NOT BE FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. LOCATION: 390 Ohai Street A, Hilo, HI 96720. OPEN HOUSE: No open house. SALE DATE: Friday, July 8, 2022, 12:00 noon, front entrance to Hale Kaulike Courthouse Building (State Judiciary Building), 777 Kilauea Avenue, Hilo, HI 96720. FURTHER INFORMATION: For further details about the sale, contact Commissioner Lincoln S. T. Ashida at 120 Pauahi St., Ste. 312, Hilo, HI 96720, or telephone at (808) 961-0406. (HTH1374274 6/9, 6/16, 6/23/22)

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25-116 Malu Malu Street, Hilo, HI 96720 - Foreclosure Notice

 

From Hawaii Tribune Herald 6/8/22:

Notice #: 0001374246-01
Foreclosures

NOTICE OF FORECLOSURE SALE COURT ACTION: Pursuant to the Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Summary Judgment Against All Defendants and for Interlocutory Decree of Foreclosure; in U.S. Bank, N.A., etc. v. Lamar James Jonathan Pacheco, et. al., Civil No. 16-1-0097, Circuit Court of the Third Circuit, State of Hawai`i, the Commissioner will sell the property at public foreclosure sale at the date and time set forth below. PROPERTY DESCRIPTION: All of that certain parcel of land situate at TMK: (3) 2-5-038-032, being Lot 33, Block 6 of the “Kaumana City Subdivision, Increment 1-A,” as shown on File Plan Number 907, filed in the Bureau of Conveyances of the State of Hawai`i, and containing an area of 7,500 square feet, more or less, 3 bedrooms, 2 baths, located at 25-116 Malu Malu Street, Hilo, HI 96720. TERMS OF SALE: The property shall be sold “AS IS” at a public auction with NO UPSET PRICE and sale price could be less than the total encumbrances, and with ten percent (10%) of the highest bid payable in cash, money order, by cashier’s check or by certified check at the fall of the hammer. The commissioner shall request evidence of the bidder’s cash or cashier’s check and status as a party entitled to bid pursuant to order of the court before the public auction begins. The balance is payable upon delivery of documents transferring title. Buyer shall pay all costs of escrow, conveyance, recordation, conveyance tax and shall be responsible for securing possession. Sale is subject to further bidding at Confirmation Hearing. SALE SHALL NOT BE FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. LOCATION: 25-116 Malu Malu Street, Hilo, HI 96720. OPEN HOUSE: No open house. SALE DATE: Thursday, June 23, 2022, 12:00 noon, front entrance to Hale Kaulike Courthouse Building (State Judiciary Building), 777 Kilauea Avenue, Hilo, Hawai`i 96720. FURTHER INFORMATION: For further details about the sale, contact Lincoln S. T. Ashida, Commissioner, 120 Pauahi Street, Suite 312, Hilo, Hawai`i 96720. Telephone 961-0406. (HTH1374246 6/8/22)

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15-1771 29th Avenue, Keaau, HI 96749 - Foreclosure Notice

 

From Hawaii Tribune Herald 6/6/22:

Notice #: 0001374240-01
Foreclosures

NOTICE OF FORECLOSURE SALE COURT ACTION: Pursuant to the Findings of Fact and Conclusions of Law and Order Granting Plaintiff’s Motion for Summary Judgment Against All Defendants and for Interlocutory Decree of Foreclosure filed July 28, 2021 in HSBC Bank USA, National Association v. Scott Lee Cushman, et. al., Civ. No. 3CC181000041, Circuit Court of the Third Circuit, State of Hawaii, the Commissioner will sell the property at public foreclosure sale at the date and time set forth below. PROPERTY DESCRIPTION: All of that certain parcel of land situate at (3) 1-5-020-122:0000, 43,560 sq. ft., more or less. TERMS OF SALE: The property shall be sold “AS IS” at a public auction with NO UPSET PRICE and sale price could be less than the total encumbrances, and with ten percent (10%) of the highest bid payable in cash, money order, by cashier’s check or by certified check at the fall of the hammer. The commissioner shall request evidence of the bidder’s cash or cashier’s check and status as a party entitled to bid pursuant to order of the court before the public auction begins. The balance is payable upon delivery of documents transferring title. Buyer shall pay all costs of escrow, conveyance, recordation, conveyance tax and shall be responsible for securing possession. Sale is subject to further bidding at Confirmation Hearing. SALE SHALL NOT BE FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. LOCATION: 15-1771 29th Avenue, Keaau, HI 96749. OPEN HOUSE: No open house. SALE DATE: Tuesday, July 5, 2022, 12:00 noon, front entrance to Hale Kaulike Courthouse Building (State Judiciary Building), 777 Kilauea Avenue, Hilo, HI 96720. FURTHER INFORMATION: For further details about the sale, contact Commissioner Lincoln S. T. Ashida at 120 Pauahi St., Ste. 312, Hilo, HI 96720, or telephone at (808) 961-0406. (HTH1374240 6/6, 6/13, 6/20/22)

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73-1260 Kaloko Drive, Kailua-Kona, Hawaii 96740 - Foreclosure Notice

 

From West Hawaii Today 6/6/22:

Notice #: 0001374520-01
Foreclosures

NOTICE OF FORECLOSURE SALE ACTION: Wells Fargo Bank v Steven Lindsey, et al., Civ # 17-1-212K (Foreclosure) PROPERTY DESCRIPTION: 73-1260 Kaloko Drive, Kailua-Kona, Hawaii 96740, 5 bedroom(s), 3 bath(s), 3,226 sq. ft. residential dwelling, built in 1999, land area: 1.0 acres. TMK # (3) 7-3-008-032. NOTE: Property Description may be different from public tax records. OPEN HOUSES: Per Court order, entered 05/25/2022, this foreclosure sale shall be conducted without open houses. AUCTION DATE: Tuesday, July 5, 2022 at 12:00 pm (noon) at the flagpole at the Keahuolu Courthouse, 74-5451 Kamakaeha Ave., Kailua-Kona, HI 96740. TERMS OF SALE: NO UPSET PRICE. The property will be sold in “AS IS, WHERE IS CONDITION” to the highest bidder at public auction without an upset price or by private sale. Ten percent (10%) of the highest bid shall be payable in cash, certified check or cashier’s check at the close of the auction. Prior to bidding, any person not authorized to credit bid must provide proof of his or her ability to comply with the ten percent (10%) requirement. The balance of the purchase price shall be paid to the Commissioner after approval and confirmation of the sale by the Court and concurrently with the delivery of the document transferring title to the purchaser which usually occurs within thirty-five (35) days after entry of the order confirming the sale. Purchaser shall pay for all costs, including but not limited to costs of closing, escrow fees, conveyance documents, conveyance taxes and fees, recordation fees and any unpaid regular monthly common assessments assessed, if any. Purchaser shall be responsible for securing possession of the property upon recordation. Sale is subject to all real property taxes. SALE SHALL NOT BE FINAL UNTIL APPROVED BY AND SUBJECT TO COURT CONFIRMATION. For more info, contact: EDWARD J. FETZER, Commissioner, 75-5915 Walua Road, Kailua-Kona, HI 96740, Bus: (808) 557-0883; edwardfetzer@gmail.com (WHT1374520 6/6, 6/13, 6/20/22)

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55-3578 Kaauhuhu Road, #B, Kapaau, HI 96719 - Foreclosure Notice

 

From West Hawaii Today 6/6/22:

Notice #: 0001374543-01
Foreclosures

NOTICE OF FORECLOSURE SALE ACTION: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR REGISTERED HOLDERS OF LONG BEACH MORTGAGE LOAN TRUST 2006-WL2, ASSET-BACKED CERTIFICATES, SERIES 2006-WL2 V. JANICE D. ELLISON, ET AL.; Civil No. 3CC17100304K (Foreclosure), Circuit Court of the Third Circuit, Third Division (Kona) PROPERTY DESCRIPTION: 55-3578 Kaauhuhu Road, #B, Kapaau, HI 96719 TMK: (3) 5-5-002-058 CPR 0002) 1.46 -acre parcel. Kaauhuhu Homesteads Parcel No: 550020580002. Property class: Agricultural. Residential building: 2 bed 2 bath. SALE BY AUCTION: TUESDAY, JULY 5, 2022 AT NOON, at the flagpole at Keahuolu Courthouse 74-5451 Kamakaeha Ave., Kailua-Kona, HI 96740. NO OPEN HOUSES BY COURT ORDER. TERMS OF SALE: Property shall be sold AS IS, without any representations or warranties as to title or possession. Property shall be sold at public auction, without an upset price. Sale shall not be final until approved by the Court. The successful bidder at the sale shall make a down payment in an amount not less than 10% of the highest successful bid price, such payment to be made in cash or by way of certified or cashier’s check. Plaintiff may satisfy the down payment by way of offset up to the amount of its secured debt. Prior to bidding, interested parties must show the Commissioner their ability to make the required down payment, in such form as aforesaid, immediately upon the close of the bidding. At the Court’s discretion, the 10% down payment may be forfeited in full or in part if the purchaser fails to pay the balance of the purchase price. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of sale. Plaintiff may satisfy the balance of the purchase price by way of offset up to the amount of its secured debt if Plaintiff is the purchaser. All costs and expenses of closing, including costs of drafting the conveyance document, conveyance taxes, notary fees, consent fees, escrow and recording fees, proof of title or title insurance, costs of securing possession of the property and any court orders, shall be paid by the purchaser. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. COMMISSIONER: For further information and a fact sheet, please contact Commissioner Catherine E. Gibson, Attorney at Law, SOKOLOW&GIBSON, LLP P.O. Box 2217, Kailua-Kona, HI 96745. Tel: (808) 315-6700 Email: catherine@sokolow-gibson.com ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BEFORE BIDDING (WHT1374543 6/6, 6/13, 6/19/22)

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15-1519 Railroad Avenue, Keaau, HI 96749 - Foreclosure Notice

 

From Hawaii Tribune Herald 6/1/22:

Notice #: 0001373990-01
Foreclosures

NOTICE OF FORECLOSURE SALE The undersigned Commissioner in Civil No. 16-1-0243, Third Circuit Court, State of Hawaii, will sell at public auction the following property at tmk: (3) 1-5-041-232, 15-1519 Railroad Avenue, Keaau, HI 96749. DATE AND PLACE OF SALE: July 1, Friday, 12 noon, Hale Kaulike, Courthouse, 777 Kilauea Avenue, 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: June 9 and June 17, 2022, 9:00 – 11:00 a.m. Contact Curtis E. Chong, P.O. Box 1483, Hilo, HI 96721; (808) 756-1621. (HTH1373990 6/1, 6/8, 6/15/22)

17-313 North ‘Ala Road, Kurtistown, Hawai’i - Foreclosure Notice

 

From Hawaii Tribune Herald 5/29/22:

Notice #: 0001373381-01
Foreclosures

NOTICE OF FORECLOSURE SALE COURT ACTION: CIVIL NO. 3CCV-21-0000114, AMERICAN SAVINGS BANK, F.S.B., a federal savings bank vs. JONALIZA ALIVIADO ALLEN; JEREL I. YAMAMOTO, Special Administrator for ESTATE OF MARK LON ALLEN; JOHN DOES 1-10; JANE DOES 1-10 and DOE PARTNERSHIPS, CORPORATIONS or OTHER ENTITIES 1-20, Circuit Court of the Third Circuit, State of Hawai’i PROPERTY DESCRIPTION: 1. All that certain parcel of land situate in the District of Puna, County and State of Hawai’i, further identified by Tax Map Key No. (3) 1-7- 018-010. 2. Street Address: 17-313 North ‘Ala Road, Kurtistown, Hawai’i 3. Property Class: Agricultural 4. Improvements: Building 1: 1,712 square foot residence; 3-bedroom; 2.5-bath; built in 1994 Building 2: 2,688 square foot utility shed; built in 1991 Building 3: 1-bedroom, 1-bath. *Unpermitted OPEN HOUSES: Saturday, June 11, 2022, 10:00 a.m. – 12:00 a.m. Sunday, June 12, 2022, 10:00 a.m. – 12:00 a.m. DATE, TIME&LOCATION OF SALE: Thursday, June 30, 2022, 12:00 p.m. Front entrance of Hale Kaulike (State Judiciary Building), 777 Kilauea Avenue, Hilo, Hawai’i. TERMS 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 is required to make a down payment, via 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 purchase price shall be paid by way of cash, certified or cashier’s check to the Commissioner upon approval and confirmation of the sale by the Circuit Court of the Third Circuit and tender of the document transferring title. The buyer(s) shall be responsible for paying the costs of conveyancing, including escrow fees, preparing documents, recordation, conveyance tax, and securing possession of the property. For further information, contact Shaunda A. K. Liu, Esq., Commissioner, at liu.law.hilo@gmail.com, (808) 747-4264 or Law Office of Shaunda A. K. Liu, LLLC, P.O. Box 5841, Hilo, Hawaii 96720. *The information contained herein has been obtained from sources the Commissioner believes to be reliable. It is the sole responsibility of all prospective bidders to conduct an independent investigation of the property prior to bidding. (HTH1373381 5/29, 6/5, 6/12/22)

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74-4987 Palani Road, Kailua-Kona, HI 96740 - Foreclosure Notice

 

From West Hawaii Today 5/29/22:

Notice #: 0001373626-01
Foreclosures

NOTICE OF FORECLOSURE SALE A 1,790 sq. ft. single family home in the District of North Kona, Island and County of Hawaii, State of Hawaii; TMK (3)7-4-004-072-0000. The property is located at 74-4987 Palani Road, Kailua-Kona, HI 96740 on a 10,517 sq. ft lot. Fee Simple. Notice is hereby given that pursuant to the Order Granting Plaintiff’s Motion For Default Judgment filed on October 29, 2020 in the Circuit Court of the Third Circuit, State of Hawaii, in CIVIL NO. 19-1-160K, the undersigned Commissioner has been appointed to sell the above described property at a public auction as follows: Open House: Sunday, June 5, 2022 (Masks required for entry) 12:00 p.m. – 2:00 p.m. Sunday, June 12, 2022 (Masks required for entry) 12:00 p.m. – 2:00 p.m. Auction: Monday, June 27, 2022 12:15 p.m. at the flagpole fronting Keahuolu Courthouse at 74-5451 Kamakeha Ave., Kailua-Kona TERMS OF SALE: No upset price; property sold in “AS IS” condition at public auction; TEN PERCENT (10%) of the highest bid payable in cash or cashier’s check at the close of the auction; balance of the purchase price payable in cash or cashier’s check upon delivery of title or a date as the court shall order; purchaser shall pay for all escrow and closing costs, conveyance documents, recording costs, conveyance taxes and shall be responsible for securing possession of the mortgaged property. The Commissioner or purchaser may require the use of an escrow, however, said purchaser will be responsible for escrow costs, if any. The sale shall not be final until approved and confirmed by the presiding Judge of the Third Circuit, State of Hawaii. SALE SUBJECT TO COURT CONFIRMATION. For further information contact JAMES BIVEN, Commissioner, 84-4799 Mamalahoa Hwy., Captain Cook, Hawaii 96704; (808) 987-3006, jbivenlaw@gmail.com. Please email, text or leave a voice message re contact information and I will email the fact sheet. (WHT1373626 5/29, 6/5, 6/12/22)

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68-3890 Lua Kula Street 1008, Waikoloa, Hawaii - Notice of Postponed Foreclosure Sale

 

From West Hawaii Today 5/29/22:

Notice #: 0001373565-01
Foreclosures

NEW PUBLIC NOTICE OF POSTPONED FORECLOSURE SALE In accordance with HRS § 667-20.1, this is a new notice of a previously postponed public sale. By order of the Circuit Court of the Third Circuit in Civil No. 16-1-0041K, the below Commissioner has been appointed to sell the named property at public auction. PROPERTY DESCRIPTION: Located at 68-3890 Lua Kula Street 1008, Waikoloa, Hawaii. 2BD/2BA. 854 square feet. Built in 1988. TMK (3) 6-8-003-038 (CPR 0008). OPEN HOUSES: Open houses were held on March 31 and April 1, 2022. RESCHEDULED AUCTION: June 15, 2022 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 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: 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 (WHT1373565 5/29/22)

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15-1632 6th Avenue, Keaau, Hawaii 96749 - Foreclosure Notice

 

From Hawaii Tribune Herald 5/27/22:

Notice #: 0001371778-01
Foreclosures

NOTICE OF FORECLOSURE SALE Pursuant to Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Default Judgment Against Defendants Troy Marshall Kindred and Tamara Kimberly Kindred and Summary Judgment and Decree of Foreclosure Against all Defendants on Complaint Filed March 31, 2021, filed on January 12, 2022 in Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc. Asset Backed Pass Through Certificates, Series 2006 R2 vs. Troy Marshall Kindred, et al., Civ. No. 3CCV 21 000089, Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner will sell the following described property at public foreclosure sale on the date and at the time set forth below. PROPERTY DESCRIPTION: Real Property situate at Keaau, Puna, Island and County of Hawaii, State of Hawaii, being Lot 2223, area 1.000 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 Sta te of Hawaii with Land Court Application No. 1053 (amended) of W. H. Shipman, Limited, and further identified as TMK:(3)1-5-051-060, address 15-1632 6th Avenue, Keaau, Hawaii 96749. The house is of double wall wood frame construction, with a corrugated iron roof, and contains three bedrooms and two bathrooms. The area under roof is 2,437square feet. The house was constructed in 1983. TERMS OF SALE: The property will be sold “as is” at public auction with no upset price. The successful bidder at the auction shall make a down payment to the Commissioner in an amount not less than ten percent of the successful bid price, such payment to be made at the close of the auction in cash, cashier’s check or certified check. Prior to bidding, interested parties must show the Commissioner their ability to make the required down payment, in such form as aforesaid, immediately upon close of the bidding. At the Court’s discretion, the ten percent down payment may be forfeited in full or in part if the successful bidder fails to timely close. The balance of the successful bid price shall be paid to the Commissioner upon approval and confirmation of the sale. All costs and expenses of closing shall be paid by purchaser, including, but not limited to costs of escrow fees, title insurance premiums, conveyance document preparation fees, prorated real property and conveyance tax, recordation and costs of securing possession after closing. The inability of purchaser to secure title insurance or financing shall not be a condition of closing. SALE SHALL NOT BE FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. OPEN HOUSE: No Open House, by Order of the Court. SALE DATE: Tuesday, June 28, 2022, 12:00 noon, at the front entrance to the Hale Kaulike Courthouse Building, 777 Kilauea Avenue, Hilo, Hawaii. COMMISSIONER: Stephen J. Menezes, 441 Kipuni Street, Hilo, Hawaii 96720; Telephone (808)934-8916. (HTH1371778 5/27, 6/3, 6/10/22)

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The bank bid... and then bid again... and again!?

 I've only been going to foreclosure sales since 2013, and quite a bit has changed, but one thing you could always count on was that the bank would bid first, and just once.  

Well not anymore!  

Yesterday I attended the auction for Kona Coffee Villas unit #D136.  I was hesitant to even bother to go since I know the big investor buyers will show up at court confirmation instead, so anyone who wins at the auction will have to rebid to win again at court confirmation.  But I thought that might give me an edge at auction and who knows, maybe they'll put a stop to the easy reopening of bids at court confirmation in the meantime... a girl can dream. 

Anyway, I pulled out a small cashier's check and headed to the flagpole.  As suspected, there weren't many people there.  Just myself, two other investor bidders, and the bank representative.  The bank opened bidding at $162,xxx and one of the other investors bid.  The bank rep then bid $175k.  WHAT?!  I almost fell over.  The bank never bids again.  As bidding went back and forth the bank bid 3 more times and finally dropped out when the bidding got above $200k.  I've never seen anything like it and there is absolutely no explanation for it.  

Bidding ended at $304k, well above my max for the day.  It will probably go for higher at court confirmation though, when the other investor bidders show up.  

So...  there are no rules.  The bank may bid 5 times?  Bidding may get reopened at court confirmation?  Court confirmation could be 6 months after bidding!!  There is no way to anticipate what will happen, so just bring your cashier's check, be ready to tie your funds up for quite a while (and still not be the final winning bidder) and cross your fingers.  Foreclosures in Hawaii are certainly unique.  

89-780 Lani Kona Road, Captain Cook, HI 96704 - Foreclosure Notice

 

From West Hawaii Today 5/25/2022:

Notice #: 0001373288-01
Foreclosures

NOTICE OF FORECLOSURE SALE 89-780 Lani Kona Road, Captain Cook, HI 96704 In Civ. No. 3CCV-21-0000137, Deutsch Bank, et. al. v. Devin E. Lowder, et. al., the Third Circuit Court appointed John Knoebber as Commissioner to sell this property at public auction. PROPERTY DESCRIPTION: 89-780 Lani Kona Road, Captain Cook, HI, TMK No.: (3) 8-9-009-026-0000; living area 1,080 sq.ft; 3BD/2BA. Built in 1991. Land area 1.0 acre. County assessed total taxable value $335,400. Currently occupied. Amount owed as of 2/18/22 is $798,750.29 plus late fees/ interest of $78.38 per day. OPEN HOUSES: May 27, 2022 (Friday) from 10:30 a.m. to 2:30 p.m. June 10, 2022 (Friday) from 10:30 a.m. to 2:30 p.m. AUCTION DATE: June 13, 2022 (Monday) at 12:30 pm at the flagpole at the Kona courthouse, 74-5451 Kamakaeha Ave., Kailua-Kona, HI. TERMS OF SALE: No upset price. Property sold subject to all encumbrances of record and in “as is” condition at public auction. Bidders responsible for own due diligence. Prior to participation in the auction, bidders must provide proof of funds of 10% of their max bid payable in cash, money order, certified or cashier’s check, made payable to “John Knoebber.” No exceptions. 10% downpayment due at close of auction. Balance to be paid upon delivery of title. Plaintiff/Bank may credit bid. Buyer shall pay all costs of closing including escrow, conveyance and recordation fees, conveyance taxes and is responsible for securing possession of the property upon recordation. SALE SUBJECT TO COURT CONFIRMATION. COMMISSIONER: For more info. please contact John Knoebber, Attorney at Law, P.O. Box 390466, Keauhou, HI 96739. Tel. No. (808) 895-6172. Email: bigislandattorney@gmail.com ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY THE PURCHASER BEFORE BIDDING. (WHT1373288 5/25, 6/1, 6/8/22)

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68-3883 Lua Kula Street, #2102, Waikoloa, HI 96738 - Foreclosure Notice

 

From West Hawaii Today 5/22/22:

Notice #: 0001372148-01
Foreclosures

NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil CIVIL NO. 18-1-118K, the below Commissioner has been appointed to sell the named property at public auction. TMK No. 3-6-8-003-004-0106, a property located at: 68-3883 Lua Kula Street, #2102, Waikoloa, HI 96738. OPEN HOUSES will be held as follows: OPEN HOUSE 1: Wednesday, June 8, 2022 11:00 am to 2:00 pm; OPEN HOUSE 2: Thursday, June 9, 2022 11:00 am to 2:00 pm. AUCTION will be held: Monday, June 27, 2022 12:00 PM . Auction will be held Keahoulu Courthouse, 74-5451 Kamakaeha Ave, Kailua Kona HI 96740 at “Ho’o Pohaku” sculpture 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 bay 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 believe 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: Andrew M. Kennedy, Schlueter, Kwiat&Kennedy LLLP, Atrium Court, 75-167 Kalani Street, Suite 201, Hawaii 96740. Tel. No. (808) 987-7275, Email: andrew@kona-lawyer.com (WHT1372148 5/22, 5/29, 6/5/22)

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