68-3667 Lahilahi Street, Waikoloa, HI 96738 - Foreclosure Notice

 From West Hawaii Today 7-13-23:

Notice #: 0001422604-01
Foreclosures

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NOTICE OF FORECLOSURE SALE A 1,320 sq. ft. single family home in the District of South Kohala, Island and County of Hawaii, State of Hawaii; TMK (3) 6-8-011-029. The property is located at 68-3667 Lahilahi Street, Waikoloa, HI 96738 on a 10,313 sq. ft lot. Fee Simple. Notice is hereby given that pursuant to the Order Granting Motion for Summary Judgment filed on December 6, 2022 in the Circuit Court of the Third Circuit, State of Hawaii, in CIVIL NO. 17-1-062K, the undersigned Commissioner has been appointed to sell the above described property at a public auction as follows: Open House: NO OPEN HOUSES are scheduled pursuant to Court Order Auction: Friday, August 11, 2023 12:00 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. (WHT1422604 7/13, 7/20, 7/27/23)

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76-6029 Mamalahoa Hwy, Holualoa, Hawai’i 96725 - Foreclosure Notice

 From West Hawaii Today 7-8-23:

Notice #: 0001422120-01
Foreclosures

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NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil No. 3CC17100324K, the below Commissioner has been appointed to sell the named property at public auction. PROPERTY DESCRIPTION: Located at 76-6029 Mamalahoa Hwy, Holualoa, Hawai’i 96725. 2 BD/1 BA. 1,013 square feet. Built in 1990. TMK (3) 7-6-005-010-0000. OPEN HOUSES: None. AUCTION: August 9, 2023 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: Eli N. Bowman, Schlueter, Kwiat & Kennedy LLLP, Atrium Court, 75-167 Kalani Street, Suite 201, Hawaii 96740. Tel. No. (808) 987-7275, Email: eli@kona-lawyer.com (WHT1422120 7/8, 7/15, 7/22/23)

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193 S Wilder Road, Hilo, Hawaii 96720 - Foreclosure Notice

 From Hawaii Tribune Herald 7/2/23:

Notice #: 0001421126-01
Foreclosures

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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 1900 Capital Trust II, By US Bank Trust National Association, Not In Its Individual Capacity But Solely As Certificate Trustee vs. Charles Patrick Kalani Simeona, et al., Civil No. 3CC181000035, 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 situated at Kukuau 2nd, South Hilo, Lot 95, of Hilo Country Club Estates, Unit I, shown on file plan 1257, area 10,273 square feet, with TMK: (3) 2-5-049-008-0000. Dwelling: 7 rooms, 2 full baths. TERMS OF SALE: The property shall be sold “AS IS” at a public auction with NO UPSET PRICE, sale price could be less than the total encumbrances, and with ten percent (10%) of the highest bid payable in cash or cashier’s check at the end of the auction. 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 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: The property is located at 193 S Wilder Road, Hilo, Hawaii 96720 OPEN HOUSE: July 29, 2023 8:00 a.m. 10:00 a.m. July 30, 2023 8:00 a.m. 10:00 a.m. SALE DATE: The property will be auctioned for sale on August 1, 2023, beginning at 12:00 noon, on the front entrance of Hale Kaulike (State Judiciary Building) 777 Kilauea Avenue, Hilo, Hawaii. FURTHER INFORMATION: For further details about the sale, contact Nelson H. Kinoshita, Commissioner, 22 Lei Street, Hilo, Hawaii 96720. Telephone 935-5454. (HTH1421126 7/2, 7/9, 7/16/23)

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55 Hoaloha Street, Hilo, Hawaii - Foreclosure Notice

 From Hawaii Tribune Herald 6/28/23:

Notice #: 0001420617-01
Foreclosures

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NOTICE OF COMMISSIONER’S SALE BY AUCTION COURT ACTION: American Savings Bank, F.S.B. v. Curt H. Miura, et al.; Case No. 3CCV-21-0000134; Third Circuit Court, State of Hawaii PROPERTY DESCRIPTION: TMK (3)-2-4-043-078, located on that certain fee simple parcel of land situate, lying and being at Waiakea, District of South Hilo, Island, County and State of Hawaii, being Lot 72 of the Haihai Heights Subdivision Unit 2, being a portion of Lot 817, of the Waiakea Homesteads, 2nd Series, being also a portion of Lot 45 of File Plan 815; 15,000 square feet, more or less. LOCATION/DIRECTIONS: 55 Hoaloha Street, Hilo, Hawaii. From Hilo, turn left onto Komohana Street for 2.6 miles, then turn right onto Ainaola Drive for .4 miles, then turn right onto Haihai Street for .7 miles. Turn right onto Hoaloha Street for .1 mile. The property will be on the left. IMPROVEMENTS: Single-family residence built in 1995, 1,568 sq. ft. living area; 6 rooms, including 3 bedrooms, 2 full baths, 1 half bath, with open carport. OPEN HOUSES: No open houses per Court Order. DATE AND TIME OF AUCTION: Wednesday, July 26, 2023, at 12:00 noon PLACE OF AUCTION: Entrance of the Judiciary Complex (Hale Kaulike), 777 Kilauea Avenue, Hilo, HI 96720. TERMS OF SALE: No upset price. The property will be sold “as is” to the highest bidder at public auction. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY COURT. The highest bidder is required to make a down payment in cash, by certified or cashier’s check at the time of auction in the amount of TEN PERCENT (10%) of the highest bidded price. 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 price shall be paid in cash, certified or cashier’s check to the Commissioner upon approval and confirmation of the sale by the Court and tender of the document transferring title. Costs of conveyance, including conveyance tax, costs of any escrow, securing possession of the subject property, and recording of such conveyance, shall be at the expense of such successful purchaser. ADDITIONAL INFORMATION: Contact Raymond K. Hasegawa, Esq., Commissioner, 688 Kinoole Street, Suite 203, Hilo, Hawaii 96720; phone: (808) 935-5732; fax: (808) 935-7120; email: haseoffice@hawaiiantel.net (HTH1420617 6/28, 7/5, 7/12/23)

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11-3106 Hibiscus St., Mt. View, HI - Foreclosure Notice

 From Hawaiian Tribune Herald 6/26/23: 

Notice #: 0001420251-01
Foreclosures

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NOTICE OF POSTPONED FORECLOSURE SALE The undersigned Commissioner in Case No. 3CC131000101, Third Circuit Court, State of HI, will sell at public auction fee simple property located at 11-3106 Hibiscus St., Mt. View, HI, area 2 acres, more or less, TMK (3) 1-1-036-161 with dwelling. DATE AND PLACE OF SALE: July 11, 2023 at 12:00 p.m., at front entrance to Hale Kaulike Courthouse, 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. Contact CLAYTON E. CHONG, CHONG&CHONG, P.O. Box 1483, Hilo, HI 96721; 937-2337. (HTH1420251 6/26/23)

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93 Banyan Drive and 1713 Kamehameha Avenue, Hilo, Hawaii 96720 - Foreclosure notice

From Hawaii Tribune Herald: 

Notice #: 0001419988-01
Foreclosures

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NOTICE OF FORECLOSURE SALE Wilmington Trust National Association as Trustee for the Benefit of the Holders of Bank 2018-BNK14, Commercial Mortgage Series 2018-BNK14, by and through its Special Servicer Rialto Capital Advisors, LLC vs. WHR LLC, Civil No. 3CCV-21-0000360, Leasehold property known as the Grand Naniloa Hotel, together with the related personal property, located at 93 Banyan Drive and 1713 Kamehameha Avenue, Hilo, Hawaii 96720, identified as TMK Nos.: (3) 2-1-001:012 and (3) 2-1-005:013, 016, 017, 032, 046&027. OPEN FOR INSPECTION: June 29, 2023, 1:30 p.m. 4:30 p.m. AUCTION DATE: July 26, 2023, at 12:00 noon, at the front entrance to the Third Circuit Court Building, Hilo Division, Hale Kaulike, 777 Kilauea Avenue, Hilo, Hawaii 96720. TERMS OF SALE: No upset price. Property sold “as is” condition at public auction with 10% of highest bid payable in cash, certified or cashier’s check at close of auction, balance payable upon delivery of title. The 10% may be forfeited if Buyer fails to close. Potential bidders must be able to provide proof of their ability to comply with 10% of bid requirement prior to participating in the public auction. Buyer shall pay all costs of closing including escrow, conveyance and recordation fee, conveyance taxes and is responsible for securing possession of the property upon recordation. Sale is not contingent upon Buyer obtaining title insurance. SALE SUBJECT TO COURT CONFIRMATION. For further information call: George W. Van Buren, Commissioner, 6600 Kalanianaole Highway, Suite 212, Honolulu, Hawaii 96825, Tel No.: (808) 522-0420, Email: gvb@vcshawaii.com (HTH1419988 6/25, 7/2, 7/9/23)

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Kyra Bronson R(B) 23930

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15-1977 32nd Avenue, Keaau, Hawaii 96749 - Foreclosure Notice

 From Hawaii Tribune Herald 6/18/23:

Notice #: 0001419624-01
Foreclosures

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NOTICE OF FORECLOSURE SALE COURT ACTION: WILMINGTON SAVING FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR SC PARK LANE II TRUST 2019-1 v. PAUL WALLACE, ET AL., Civil No. 3CC121000100, Third Circuit Court, State of Hawaii. The undersigned Commissioner will sell at public auction the following described property on the date and time set forth below. PROPERTY DESCRIPTION: All of that certain parcel of land situate at Keaau, District of Puna, Island and County of Hawaii, State of Hawaii, described as follows: LOT 185, area 1.000 acre, more or less, BLOCK 8, as shown on Map 60, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 1053 (amended) of W. H. Shipman, Limited, being the land described in Transfer Certificate of Title No. 711,415. Fee Simple. Contact Commissioner for full legal description. LOCATION: 15-1977 32nd Avenue, Keaau, Hawaii 96749 TMK: (3) 1-5-015-102. IMPROVEMENTS: A home consisting of 3 bedrooms, 2 baths built in 1994 and having a living area of approximately 1,512 square feet. OPEN HOUSE: No open houses by order of the court. DATE AND TIME OF AUCTION: Tuesday, July 18, 2023 at 12:00 Noon. PLACE OF AUCTION: Entrance (flagpole) area of Hale Kaulike (State Judiciary Building), 777 Kilauea Avenue, Hilo, Hawaii. TERMS OF SALE: No upset price. The property will be sold “AS IS” to the highest bidder at public auction. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. The highest bidder is required to make a down payment in cash, by certified or cashier’s check at the time of auction in the amount of TEN PERCENT (10%) of the highest bid price. 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 price shall be paid in cash, certified or cashier’s check to the Commissioner upon approval and confirmation of the sale by the Court and tender of the document transferring title. Costs of conveyance, including the conveyance tax, the costs of any escrow, title insurance, securing possession of the subject property and recording of such conveyance, shall be at the expense of such successful purchaser. Neither the availability of title insurance nor securing possession of the subject property shall be a condition of closing. ADDITIONAL INFORMATION: Contact Paul K. Hamano, Attorney at Law, Commissioner, P. O. Box 574, Hilo, Hawaii, 96721. Telephone (808) 935-3336. (HTH1419624 6/18, 6/25, 7/2/23)

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15-2048 9th Avenue, Keaau, Hawaii, 96749 - Foreclosure Notice

 From Hawaii Tribune Herald 6/11/23:

Notice #: 0001418524-01
Foreclosures

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NOTICE OF FORECLOSURE SALE COURT ACTION: Pursuant to the Findings of Fact; Conclusions of Law; Order Granting Plaintiff’s Motion for Summary Judgment and for Interlocutory Decree of Foreclosure Against All Parties filed January 20, 2023 in U.S. Bank NA, Successor Trustee To Bank of America, NA, Successor in Interest to Lasalle Bank NA, As Trustee, on Behalf of the Holders of the Washington Mutual Mortgage Pass-Through Certificates, Wmalt Series 2007-OA3 vs. Joseph Pepin Reynon, III, et al., Civil No. 18-1-0006, 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 situated at Keaau, Lot 935, area 1.0 acres more or less, block 9, shown on map 64, Application No. 1053, Transfer Certificate of Title No. 722,490, with TMK: (3) 1-5-027-166-0000. Dwelling: 5 rooms, 3 full bath. TERMS OF SALE: The property shall be sold “AS IS” at a public auction with NO UPSET PRICE, sale price could be less than the total encumbrances, and with ten percent (10%) of the highest bid payable in cash or cashier’s check at the end of the auction. 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 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: The property is located at 15-2048 9th Avenue, Keaau, Hawaii, 96749. OPEN HOUSE: July 15, 2023 8:00 a.m. 10:00 a.m. July 16, 2023 8:00 a.m. 10:00 a.m. SALE DATE: The property will be auctioned for sale on July 17, 2023, beginning at 12:00 noon, on the front entrance of Hale Kaulike (State Judiciary Building) 777 Kilauea Avenue, Hilo, Hawaii. FURTHER INFORMATION: For further details about the sale, contact Nelson H. Kinoshita, Commissioner, 22 Lei Street, Hilo, Hawaii 96720. Telephone 935-5454. (HTH1418524 6/11, 6/18, 6/25/23)

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856 Hoolala Place, Hilo, HI 96720 - Foreclosure Notice

 From Hawaii Tribune Herald 6/11/23: 

Notice #: 0001418483-01
Foreclosures

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NOTICE OF FORECLOSURE SALE COURT ACTION: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AGRENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-M1, UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 2006 vs. WESLEY F. TOMLINSON, ET AL., Civil No. 3CCV-21-0000104, Third Circuit Court, State of Hawaii. PROPERTY DESCRIPTION: Lot 17, Waiakea Estates Subdivision, land situated at Waiakea, South Hilo, Island of Hawaii, Hawaii. Being a portion of Gran 10, 493 to Mabel P. Chilson, being also a portion of Lot 915, Waiakea Homesteads, Second Series, and, and containing an area of 10,304 square feet, more or less. Together with a non-exclusive easement for road purposes. TAX MAP KEY: (3) 2-4-038:113 PROPERTY ADDRESS: 856 Hoolala Place, Hilo, HI 96720 SITE IMPROVEMENTS: Three bedroom, two bath dwelling. Two car carport. (1384 square feet). Built in 1988. AUCTION: Date: Thursday, July 13, 2023 Time: 12:00 p.m. (noon) Place: Front entrance of Hale Kaulike (State Judiciary Building), 777 Kilauea Avenue, Hilo, Hawaii. TERMS OF SALE: The property shall be sold in an “AS IS” condition without any representations or warranties whatsoever as to title or possession and by way of a quitclaim conveyance upon the following terms: No upset price. Plaintiff and all parties are authorized to purchase the property at the foreclosure sale. The Commissioner shall accept the highest bid made at the foreclosure sale. The successful bidder(s) 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, such payment to be made in cash, money order, by certified or cashier’s check, provided that the Plaintiff may satisfy the down payment by way of offset up to the amount of its secured debt (“credit bid”). Prior to bidding, interested parties must show the Commissioner their present ability to make the required down payment immediately upon the close of bidding. At the Court’s discretion, the 10% down payment may be forfeited in full or in part if the purchaser(s) shall fail to pay the balance of the purchase price as hereinafter set forth. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale. A further hearing shall be held in this action to consider confirmation of the Commissioner’s sale. At the hearing, the Court may, for good cause shown, allow further bidding. In the event further bidding is allowed, the first post auction bid must be at least one hundred five percent (105%) of the highest bid at the Commissioner’s sale. If the purchaser is a third party (not the plaintiff), the Commissioner shall open escrow at a licensed escrow company in the State of Hawaii to close the foreclosure sale of the property. All costs and expenses of the closing of the sale, including without limitation, the costs of conveyance, including the 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 paid by the purchaser(s). Neither the availability of title insurance nor securing possession of the mortgaged property shall be a condition of closing. The public sale may be either postponed or canceled by the Commissioner. The sale shall not be final until approved and confirmed by the Court. VIEWING: Saturday, June 24, 2023 9:00 a.m. to 11:00 a.m. Saturday, July 1, 2023 9:00 a.m. to 11:00 a.m. FOR MORE INFORMATION CONTACT: Aaron S. Y. Chung, Commissioner P.O. Box 11458 Hilo, Hawaii 96721 Phone: (808)937-4772 Email: aaronchung@hawaii.rr.com (HTH1418483 6/11, 6/18, 6/25/23)

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15-1983 3rd Avenue, Keaau, Hawaii 96749 - Foreclosure Notice

 From Hawaii Tribune Herald 06/09/23:

Notice #: 0001418309-01
Foreclosures

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NOTICE OF FORECLOSURE SALE COURT ACTION: U.S. Bank National Association, As Trustee For The Structured Asset Investment Loan Trust Mortgage Pass- Through Certificates, Series 2005-1 v. Jeremy Barret Keown; Anszil Lettuce Keown; Hawaii Property Insurance Association; Jennifer Heimgartner As Special Administrator For The Estate Of Petra Jacinto; Hawaiian Paradise Park Owners Association, et al., Civil No. 19-1-0089 (Foreclosure) DESCRIPTION: Lot: 1 acre House: 1,050 square foot house, 2 bedrooms, 1 full bath LOCATION: 15-1983 3rd Avenue, Keaau, Hawaii 96749 TAX MAP KEY: (3) 1-5-029-042-0000 ZONING: A-1a (Agricultural District minimum building site 1 acre) OPEN HOUSE: Date: Saturday, June 24, 2023 Time: 8:00 a.m. to 10:00 a.m. Date: Sunday, June 25, 2023 Time: 8:00 a.m. to 10:00 a.m. AUCTION DATE: Date: Wednesday, July 12, 2023 Time: 12:00 noon Place: Front Entrance to Hale Kaulike 777 Kilauea Avenue, Hilo, Hawaii TERMS OF SALE: The Commissioner shall sell the Property in its “AS-IS” condition, without any representations or warranties whatsoever as to title or possession, and by way of quitclaim conveyance, by public Commissioner’s sale, without an upset price. Plaintiff and all parties are authorized to purchase the Property at the foreclosure sale. The successful bidder at the sale shall make a down payment to the Commissioner in an amount not less than ten percent (10%) of the highest successful bid price. 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 in such form 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 shall fail to pay the balance of the purchase price as hereinafter set forth. In no event shall the purchaser be liable for damages greater than the forfeiture of the 10% down payment. 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 at the foreclosure sale, said Plaintiff may satisfy the balance of the purchase price by way of offset up to the amount of its secured debt. All costs and expenses of closing, 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 the title insurance nor securing possession of the Property shall be a condition of closing. The sale shall not be final until approved and confirmed by the Circuit Court of the Third Circuit, State of Hawaii. FOR MORE INFORMATION: Jo Anne E. Goya, Commissioner P. O. Box 130 Keaau, Hawaii 96749 Telephone No.: (808) 961-4484 (HTH1418309 6/9, 6/16, 6/23/23)

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74-5178 Kanai Place, Kailua-Kona, Hawaii 96740 - Foreclosure Notice

 From West Hawaii Today 06/08/2023:

Notice #: 0001418557-01
Foreclosures

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NOTICE OF FORECLOSURE SALE ACTION: WILMINGTON TRUST, NA v. FRANCINE RIEDER ET AL; Civil No. 3CC17100384K(Foreclosure), Circuit Court of the Third Circuit (Kona). PROPERTY DESCRIPTION: 74-5178 Kanai Place, Kailua-Kona, Hawaii 96740. TMK No.: (3) 7-4-013-023. 880 square foot residence. 3 bedrooms/ bathroom. OPEN HOUSES: None, pursuant to Court Order. AUCTION DATE: WEDNESDAY, JULY 5, 2023 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. (WHT1418557 6/7, 6/14, 6/21/23)

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92-9258 Reef Parkway, Ocean View, Hawaii, 96737 - Postponed Foreclosure Notice

 From West Hawaii Today 06/06/2023:

Notice #: 0001418386-01
Foreclosures

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NOTICE OF POSTPONED FORECLOSURE SALE LOCATION: 92-9258 Reef Parkway, Ocean View, Hawaii, 96737 Tax Map Key: (3)9-2-181-012 DESCRIPTION: 2-bedroom, 2-bathroom single family home consisting of approximately 1,296 square feet interior built in 1985 on approximately 43,604 square foot lot. LEASEHOLD/FEE: Fee OPEN HOUSES: None POSTPONED AUCTION DATE: June 29, 2023 at Noon in front of the flagpole at the Keahuolu 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’s Motion for Summary Judgment and for Interlocutory Decree of Foreclosure filed July 15, 2022 in Civil No. 3CCV-19-0000009 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. This is a postponement of the foreclosure sale scheduled on May 25, 2023 and, pursuant to HRS Sec. 667-20.1, will be conducted under 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 (WHT1418386 6/06/23)

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Kyra Bronson R(B) 23930

LUVA Real Estate

Lot 1, Block 26, of the “Hawaiian Ocean View Ranchos, Increment I” - Foreclosure Notice

 From West Hawaii Today 06/04/2023:

Notice #: 0001417968-01
Foreclosures

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NOTICE OF FORECLOSURE SALE ACTION: HAWAIIAN RANCHOS ROAD MAINTENANCE CORPORATION VS. CHRISTINA WILLIAMS, ET AL.; Civil No. 3CCV-22-0000078(Foreclosure), Circuit Court of the Third Circuit (Hilo Division Two). PROPERTY DESCRIPTION: Lot 1, Block 26, of the “Hawaiian Ocean View Ranchos, Increment I”, as shown on File Plan Number 1125 filed in the Bureau of Conveyances of the State of Hawai’i, containing an area of 3.0008 acres, more or less. TMK 9-2-185-018. OPEN HOUSES: None, pursuant to Court Order. AUCTION DATE: WEDNESDAY, JULY 5, 2023 AT NOON, by the flagpole at Keahoulu Courthouse, 74-5451 Kamakaeha Avenue, Kailua-Kona, Hawaii 96740. TERMS OF SALE: No upset price. Property is sold in “AS IS” condition, without any representations or warranties whatsoever as to title or possession and by way of a quitclaim conveyance by public commissioner’s sale. Plaintiff and all parties are hereby authorized to purchase the mortgaged property at the foreclosure sale. The successful bidder at the sale shall make a down payment to the Commissioner in an amount not less than ten percent (10%) of the highest successful bid price. This payment shall be in cash, money order, by cashier’s check or by certified check, provided that Plaintiff may satisfy the down payment by way of offset up to the amount of its secured debt. Prior to bidding, any person not authorized to credit bid must show the Commissioner such person’s present ability to make the required down payment immediately upon the close of the bidding. At the Court’s discretion, the 10% down payment may be forfeit in whole or in part if the purchaser fails to pay the balance of the purchase price. Sale subject to court confirmation. All costs and expenses of the closing of the sale, including without limitation, the costs of conveyance, conveyance tax, escrow and recording fees, any proof of title or title insurance, as well as the cost of securing possession of the mortgage property, shall be the responsibility of and paid by the purchaser. Neither the availability of financing, title insurance, nor securing possession of the mortgaged property shall be a condition of closing. COMMISSIONER: For further information and fact sheet, please contact R. HERMANN HEIMGARTNER, ATTORNEY AT LAW LLLC, Commissioner; P.O. Box 1839, Kailua-Kona, HI 96745; Telephone 808-756-7022; email: Hermann@Kona.Attorney ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY THE PURCHASER BEFORE BIDDING. (WHT1417968 6/4, 6/11, 6/18/23)

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Kyra Bronson R(B) 23930

LUVA Real Estate

What happens if you're the winning bidder - but can't come up with the money?

Today an auction was published for a unit I knew I had seen before: Elima Lani #1803.  I had always been told that if you bid on a unit and cannot complete the purchase, that your 10% bid would be returned, less the expenses for re-publishing the notices and holding the auction again.  However, I had never seen it happen.  

Apparently, after winning the bid and depositing his 10% with the commissioner, the bidder could not come up with the balance of the purchase price.  From the court minutes: 

Court: Orders the commissioner to re-auction as a NEW auction and to publish in a newspaper. Will GRANT plaintiffs motion and CANCEL the sale to the high bidder based on the representation that were unable to secure financing but will maintain possession of the 10% deposit until the costs to re-auction are sorted. 

Commissioner: Tenant moved out; inquires as to open houses and to rechecking out the property. 

Court: YES the commissioner shall treat this as a new auction and hold more open houses. 

Bidder: Pleads for the Court to release his deposit due to serious financial hardship; 

Court: The order states the deposit is to be held

I am interested to continue watching this one to see how much of his deposit the bidder is actually able to recover.  

Please remember: 

• Don't bid unless you have the full amount readily available to you. 
• Financing is very risky during a court foreclosure process.
• Just because this judge is willing to return some of this bidder's deposit, does not mean other judges would do the same under other circumstances.  Do not count on receiving any of your 10% deposit back if you cannot complete the purchase.  

Be sure to Subscribe to email alerts do you don't miss the updates as this case makes its way back through the new auction and the final accounting of bidder's deposit return is completed.  

Kyra Bronson R(B) 23930

LUVA Real Estate

68-3883 Lua Kula Street #1803, Waikoloa, HI 96738 - Foreclosure Notice

 From West Hawaii Today 5/31/23:

Notice #: 0001417825-01
Foreclosures

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NOTICE OF FORECLOSURE SALE Pursuant to the verbal orders of the court concerning Plaintiff’s Motion for (1) Cancellation of Sale; (2) for Forfeiture of Purchaser’s Deposit; and (3) for Court Instructions, filed on April 6, 2023, in U.S. Bank Nat. Assn., et al. v. Chinen, et al., Civil No. 15-1-395K, 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: 68-3883 Lua Kula Street #1803, Waikoloa, HI 96738, TMK: 3-6-8-003-004-0083, a 2-bedroom, 2-bathroom Elima Lani condominium reportedly built in 1988 with 854 square feet of living area, and lanai. Fee simple. OPEN HOUSES: June 3, 2023 from 2:00 p.m. to 4:00 p.m., and June 10, 2023 from 10:00 a.m. to 12:00 p.m. PUBLIC AUCTION: July 7, 2023 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 or cashier’s 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. (WHT1417825 5/31, 6/7, 6/14/23)

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Kyra Bronson R(B) 23930

LUVA Real Estate

Maealani Place, Volcano, Island and County of Hawaii - Foreclosure Notice

 From Hawaii Tribune Herald 5/21/23:

Notice #: 0001416727-01
Foreclosures

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NOTICE OF FORECLOSURE SALE CIVIL NO. 1:21-CV-00261 DKW-KJM United States District Court for the District of Hawaii MFY Funding LLC v. Ohia Opportunities, LLC; Kanoa Ross Bristol, et al. PROPERTY ADDRESS AND DESCRIPTION: Two (2) adjoining properties situated on Maealani Place, Volcano, Island and County of Hawaii in the residential project known as the Volcano Golf Course Lots and bearing Tax Map Key Nos. (3) 9-9-002: 021 and 022. A single-family fee simple home is located on the two parcels containing approximately 0.45 acres or 20,909 square feet. The house covers approximately 1,822 square feet and contains five (5) total rooms: three (3) bedrooms, two and one half (2.5) baths with kitchen, pantry and two separate spacious living and family rooms. Covered garage (approximately 600 sq. ft.); outside laundry and concrete areas (approximately 280 sq. ft.). A separate stand-alone outdoor storge building (approximately 300 sq. ft.) exists. Ample outdoor open spaces with dense vegetation. AUCTION DATE: WEDNESDAY, JUNE 21, 2023 at 12:00 O’CLOCK NOON, Front entrance to Hale Kaulike Courthouse Building, 777 Kilauea Avenue, Hilo, Hawaii. OPEN HOUSES: BY ADVANCE APPOINTMENT ONLY on Sunday, June 4, 2023 from 2:00 p.m. to 4:00 p.m. and on Sunday, June 11, 2023 from 2:00 p.m. to 4:00 p.m. To attend the open houses, you must make an advance appointment to attend the open house on the designated dates. Walk-ins will not be granted access. Please contact Commissioner to make an advance appointment. TERMS OF SALE: Property will be sold in “AS IS” condition, without any express or implied warranties or representations of any kind, at public auction with 10% of the highest bid payable in cash, certified or cashier’s check at the close of auction. THERE SHALL BE NO UPSET PRICE. Balance of highest bid shall be paid in full upon court approval and confirmation of sale. Potential bidders must be able to provide proof of ability to comply with the 10% bid requirement BEFORE participating in the public auction. Purchaser shall pay ALL costs of closing, including, but not limited to, escrow fees, recordation fees, conveyance taxes and is responsible for securing possession of the Property upon escrow closing and recordation. Neither the availability of title insurance nor securing possession of the Property shall be conditions of sale closing. Sale closing usually occurs not later than thirty-five (35) days after the entry of the order confirming sale. Real property taxes shall be prorated as of the date of closing and recordation of the documents transferring title. The Property, including all improvements, will be sold without personal property. Property is currently unoccupied. ALL SALE AND TERMS OF SALE ARE SUBJECT TO COURT CONFIRMATION. DUE DILIGENCE INFORMATION: A Foreclosure Fact Sheet containing additional limited information is available upon request from the Commissioner. The information made available has been collected from various sources including tax records, a title report, and pleadings and appears to be reliable but it is not guaranteed. Photographs are available upon request. Potential bidders are expressly advised to perform and complete their own investigation and due diligence prior to bidding. For further information, contact Wayne K. T. Mau, Commissioner, 1003 Bishop Street, Pauahi Tower, Suite 320, Honolulu, Hawaii 96813; Telephone (808) 781-8494 (cell); (808) 380-8498 (ofc.); email: wayne@wmaulaw.com (HTH1416727 5/21, 5/28, 6/4/23)

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Kyra Bronson R(B) 23930

LUVA Real Estate