92-1670 Hukilau Drive, Ocean View, Hawaii 96737 - Foreclosure Notice

 From West Hawaii Today 04/15/2024:

Notice #: 0001451537-01
Foreclosures

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NOTICE OF FORECLOSURE SALE LOCATION: 92-1670 Hukilau Drive, Ocean View, Hawaii 96737. Tax Map Key: (3)9-2-025-024. DESCRIPTION: Three-bedroom, two-bathroom home consisting of approximately 1,224 square feet built in 2007 on a 1-acre lot. LEASEHOLD/FEE: Fee OPEN HOUSES: None by Order of the Court. AUCTION DATE: May 17, 2024 at Noon in front of the flagpole at the Keahoulu Courthouse, 74-5451 Kamaka’eha Avenue in Kailua-Kona, Hawai’i TERMS OF SALE: Pursuant to the Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Summary Judgment Against All Defendants and for Interlocutory Decree of Foreclosure filed August 10, 2023 in Civil No. 3CCV-23-000095 in the Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner will offer for sale to the highest bidder at a public auction the property described above, pursuant to the following terms and conditions: Property to be sold “AS IS” at public auction, without any representations or warranties whatsoever as to title or possession, to the highest bidder with no upset price. Potential bidders must provide proof of ability to pay 10% prior to participation in bidding at auction. A nonrefundable 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 tuhy@kona.net (WHT1451537 4/15, 4/22, 4/29/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

15-1732 7th Avenue, Keaau, HI 96749 - Foreclosure Notice

 From Hawaii Tribune Herald 04/21/2024: 

Notice #: 0001451166-01
Foreclosures

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NOTICE OF FORECLOSURE SALE COURT ACTION: Mortgage Assets Management, LLC v. Estate Of Valerie Shamburger, Deceased; Sylvia Shamburger As Successor Trustee Of The Valerie Shamburger Revocable Trust Dated January 20, 2018; Secretary Of Housing And Urban Development; Hawaiian Paradise Park Owners Association, et al., Civil No. 3CC181000194, Circuit Court Of The Third Circuit, State Of Hawaii DESCRIPTION: Lot: 1 Acre House: 1,306 Square Foot House, 1 Bedroom, 2 Full Baths LOCATION: 15-1732 7th Avenue, Keaau, HI 96749 TAX MAP KEY: 3-1-5-050-060-0000 ZONING: A-1a OPEN HOUSE: Date: Saturday, April 27, 2024 Time: 8:00 a.m. to 10:00 a.m. Date: Sunday, April 28, 2024 Time: 8:00 a.m. to 10:00 a.m. AUCTION DATE: Date: Wednesday, May 15, 2024 Time: 12:00 Noon Place: Front Entrance to Hale Kaulike 777 Kilauea Avenue, Hilo, Hawaii TERMS OF SALE: The Property may be sold at a public or private sale. In the event the Property is sold at public auction, there shall be no upset price at the sale, and the Property shall be sold “as is”, without any representations or warranties as to title or possession. Upon fall of the hammer, the successful bidder shall pay a down payment to the Commissioner, by cash or certified check, in an amount not less than ten percent (10%) of the successful bid price, with the exception of Plaintiff, who may use the amount of its secured indebtedness as the required ten percent (10%) down payment. The balance shall be paid concurrently with delivery of the documents transferring title. At the Court’s discretion, ten percent (10%) of the purchase price may be forfeited as reasonable damages in full or in part if the Purchaser fails to close within the time ordered by the Court. In no event shall reasonable damages be greater than 10% of the purchase price. Plaintiff or its designee is authorized to be a purchaser at the foreclosure sale without the requirement of any down payment. If Plaintiff is the highest bidder, payment of the down payment and the balance of the sale price shall be made by offset against the amount owed to Plaintiff under the Loan Documents. The Purchaser shall pay closing costs, 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 the Purchaser to secure title insurance or financing shall not be a condition of closing. The sale shall not be final until approved by the Circuit Court of the Third Circuit, State of Hawaii. FOR MORE INFORMATION: Dwayne Stephen Lerma, Commissioner P. O. Box 130 Keaau, Hawaii 96749 Telephone No.: (808) 961-4484 (HTH1451166 4/12, 4/19, 4/26/24)

68-1758 Puu Nui Place, Waikoloa, Hawaii 96738 - Foreclosure Notice

 From West Hawaii Today 4/11/2024:

Notice #: 0001451449-01
Foreclosures

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NOTICE OF FORECLOSURE SALE. U.S. BANK, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF THE TRUMAN 2021 SC9 TITLE TRUST, v. JEB GOSS; WAIKOLOA VILLAGE ASSOCIATION; et. al, 3CCV-22-0000409, Circuit Court of the Third Circuit, State of Hawaii, TMK (3) 6-8-010-015. A 3 bedroom 3 bath single family home, approximately 2,135 sq. ft., located at 68-1758 Puu Nui Place, Waikoloa, Hawaii 96738. Notice is hereby given that pursuant to Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Summary Judgment and/or Default Judgment Against All Defendants and for Interlocutory Decree of Foreclosure filed October 16, 2023, the undersigned Commissioner was appointed to sell the above described property at public auction. OPEN FOR INSPECTION: NONE pursuant to court order. AUCTION: Thursday May 16, 2024, 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. (WHT1451449 4/11, 4/18, 4/25/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

64-5056 Kalake Street, Kamuela, HI 96743 - Foreclosure Notice

 From West Hawaii Today 4/11/24:

Notice #: 0001451258-01
Foreclosures

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NOTICE OF FORECLOSURE SALE 64-5056 Kalake Street, Kamuela, Hawai’i 96743 In Civ. No. 3CC1910021K, 1900 Capital Trust, et. al. v. Edward Geronimo, et. al., the Third Circuit Court appointed John Knoebber as Commissioner to sell this property at public auction. PROPERTY DESCRIPTION: 64-5056 Kalake Street, Kamuela, HI 96743, Tax Map Key No.: (3) 6-4-014-036-0000. Living area 864 sq. ft; 2BD/1BA. Built in 1983. Land area 0.1739 acres. County assessed total taxable value $386,300. Currently unoccupied. Amount owed as of 12/07/23 is $496,598.85 plus $27.51 per day in interest thereafter. OPEN HOUSES: May 20, 2024 (Monday) from 9:30 a.m. to 1:30 p.m. May 27, 2024 (Monday) from 9:30 a.m. to 1:30 p.m. AUCTION DATE: June 5, 2024 (Wednesday) at 12:00 pm at the flagpole at 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. (WHT1451258 4/11, 4/18, 4/25/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

73-1298 Awakea Street, Kailua-Kona, Hawaii 96740 - Foreclosure Notice

 From West Hawaii Today 3/30/24:

Notice #: 0001450193-01
Foreclosures

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NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil No. 3CCV-22-0000003, the below Commissioner has been appointed to sell the named property at public auction. PROPERTY DESCRIPTION: Located at 73-1298 Awakea Street, Kailua-Kona, Hawaii 96740, a 3 bedroom, 3 bath, 1,764 sq. ft. residence, T-M-K: 3-7-3-033-006-0000. OPEN HOUSES: NONE AUCTION: April 29, 2024, 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 the 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 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: 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. (WHT1450193 3/30, 4/6, 4/13/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

What is a Partition Sale?

When multiple parties own a property together, one party can file for a partition sale.  This could be because one wants to sell and the others don't, or because someone isn't paying their share of the mortgage, family disputes, etc.  The parties go to court and if they cannot resolve their differences in any other way, the judge will sent the property through for a partition sale that is held very much like a foreclosure sale.  If there is a mortgagee, they may send a representative to bid, similar to in a foreclosure sale, but the interested owners may also show up to place a bid.  It could end up being a bidding war between family members.  

Partition sales are rare so I don't have nearly the experience with them as I do with regular foreclosures, but I'm including them on the foreclosure calendar because of how similar they are in the process. 

‘ili of ‘Elepaio, (3) 7-4-005-004 - Partition Sale Notice

 From West Hawaii Today 03/29/24:

Notice #: 0001449949-01
Foreclosures

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NOTICE OF REAL PROPERTY PARTITION SALE BY PUBLIC AUCTION Pursuant to the “Order Granting Plaintiff’s Motions for: (1) Partition Auction of Subject Property; and (2) Default Judgment As to Count V of Plaintiff Complaint, Filed on October 30, 2017,” filed on March 18, 2023 in Roberson v. Ah Nee, et al., Civil No. 17-1-0335K, and case number 3CC17100335K, in the Third Circuit Court of the State of Hawaii, the Partition Commissioner identified below has been directed to sell the following property at a public auction. DESCRIPTION: A parcel of real property identified as a portion of Apana 1 of Royal Patent 3022, being the ‘ili of ‘Elepaio, situate in Honokohau 2, District of North Kona, Island and State of Hawaii, further designated within a portion of Tax Map Key No. (3) 7-4-005-004 (hereinafter “Property”). County of Hawaii real property tax information for the Property identifies the land as zoned Agricultural, and its contains 12.471 by metes and bounds description. No known improvements exist on the Property which appears vacant and overgrown with vegetation. Efforts to obtain title insurance for the Property has been unsuccessful. OPEN HOUSES: None, and no access to the Property will be allowed. AUCTION: Wednesday, May 1, 2024 at 12:00 noon at the Keahoulu Courthouse, 74-5451 Kamakaeha Ave, Kailua Kona HI 96740, to the east of the “Ho’o Pohaku” sculpture in the shade near the northwest corner of the building. TERMS OF SALE: No upset price. Property is sold in “as is, where is” condition with no warranty of title or any other warranty with not less than ten percent (10%) of the highest successful bid price deposited with the Commissioner at the close of auction, and pa, 4/19yment to be made in cash, certified or cashier’s check. Potential bidders must be able to provide proof of their ability to comply with the 10% bid requirement 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 and tender of the document(s) transferring title, with payment to be in cash, certified or cashier’s check. 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 successful purchaser may request the use of an escrow, but will be responsible for escrow costs, if any. Sale subject to court confirmation. For further information contact the Commissioner: Daniel S. Peters, Esq., 74-540 Honokohau Street, Kailua-Kona, Hawaii 96740, Telephone: (808) 331-1199, email: daniel@danielspeters.com (WHT1449949 3/29, 4/5, 4/12, 4/19/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

82-6136 Road D, Unit B Captain Cook, HI 96704 - Foreclosure Notice

 From West Hawaii Today 3/29/24:

Notice #: 0001449706-01
Foreclosures

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NOTICE OF FORECLOSURE SALE 82-6136 Road D, Unit B Captain Cook, HI 96704 TMK # (3) 8-2-001-132-0002 A three bedroom, one bath fee simple condominium, Unit B of that certain condominium project known as “DOSEO ESTATES”, as shown on condominium File Plan No. 2572, and described in the Declaration of Condominium Property Regime dated September 30, 1996, recorded as Recording No. 97-89961 in the Bureau of Conveyances as amended. An undivided 50 percent interest in all common elements of the project and in the land on which said project is located, as established for said apartment by the declaration, as tenant in common with the other owners and tenants thereof. Notice is hereby given that pursuant to the Fidnings Of Fact, Conclusions Of Law And Order Granting Plaintiff’s Motion For Summary And/Or Default Judgment Against All Defendants And For Interlocutory Decree Of Foreclosure; Exhibit “A” filed December 13, 2023, in The Bank of New York Mellon FKA The Bank Of New York, As Trustee For The Certificateholders Of The CWALT, Inc., Alternative Loan Trust 2006-OC10 v. Marshall D. Chinen, Esq. As Personal Representative Of The Estate Of Gordon Alexander Ivon aka Gordon Ivon, et al.; Civil No. 3CC19100229K (Foreclosure), in the Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner has been appointed to sell the above described property at public auction as follows: OPEN HOUSES: Saturday, April 13, 2024 9:00 a.m. to 12:00 p.m. Thursday, April 25, 2024 1:00 p.m. to 4:00 p.m. AUCTION: Wednesday, May 1, 2024 at 12:00 p.m. At the flag pole located at the Keahuolu Courthouse 74-5451 Kamakaeha Avenue, Kailua-Kona, Hawaii TERMS OF SALE: Property is to be sold “AS IS” to the highest bidder with no upset price. The successful bidder at the sale shall make a down payment to the Commissioner in the 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 the amount of its secured debt. Prior to bidding, any person not hereby authorized to credit bid must show the Commissioner such person’s present ability to make the required down payment in such form 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. The Commissioner may require that the sale close through an escrow, even if the purchaser does not require one. 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 Mortgaged Property, shall be the responsibility of and paid by the purchaser. Neither the availability of the title insurance nor securing possession of the Mortgaged Property shall be a condition of closing. SALE IS SUBJECT TO COURT CONFIRMATION. For further legal description and information contact CAROL S. KITAOKA, Commissioner, P. O. Box 2107, Kealakekua, HI, 96750; Phone: (808) 895-7492. (WHT1449706 3/29, 4/5, 4/12/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

54-2378 Kynnersley Road Hawi, Hawaii 96719 - Foreclosure Notice

 From West Hawaii Today 3-25-24:

Notice #: 0001448815-01
Foreclosures

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NOTICE OF FORECLOSURE SALE BY AUCTION Pursuant to the Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Summary Judgment Against All Defendants and for Interlocutory Decree of Foreclosure; Exhibit “A” filed on January 5, 2024 in Civil No. 3CC16100246K, Third Circuit Court in the State of Hawaii, the undersigned Commissioner has been directed to sell the following described property at public auction. DESCRIPTION: Fee Simple Property Located at: 54-2378 Kynnersley Road Hawi, Hawaii 96719 TMK: (3) 5-4-011-057-0000 Two (2) one-story buildings with 6 total room count. See, County of Hawaii Real Property Tax Information. NO OPEN HOUSES WILL BE HELD. AUCTION: April 26, 2024, 12:00 p.m. noon at the flagpole at the new court house in Kona (Keahuolu Courthouse), located at 74-5451 Kamakaeha Avenue, Kailua-Kona, Hawaii. TERMS OF SALE: Property to be sold “AS IS” condition, without any representations or warranties whatsoever as to title or possession, without an upset price. Upon fall of the hammer, the successful bidder shall pay a down payment to the Commissioner, by cash or certified check, in an amount not less than ten percent (10%) of the successful bid price, with the exception of Plaintiff, who may use the amount of its secured indebtedness as the required ten percent (10%) down payment. The balance shall be paid concurrently with delivery of the documents transferring title. Such sale shall not be final until approved by the Court. At the Court’s discretion, the ten percent (10%) of the purchase price may be forfeited as reasonable damages in full or in part if the purchaser fails to close within the time set by the Court. In no event shall reasonable damages be greater than ten percent (10%) of the purchase price. Upon confirmation of the sale, the Commissioner is authorized and directed, after the payment of all necessary expenses of such sale, to make application of all the proceeds thereof and all funds which they hold in their capacity as Commissioner so far as the same may be necessary to the payment of amounts found due and owing to Plaintiff from the Borrower under the Loan Documents, including advances, title search fees, costs, expenses, and attorney’s fees, as determined by this Court. Plaintiff, or its designee, is authorized to be a purchaser at any sale, without the requirement of any down payment at said sale. If Plaintiff is the highest bidder, payment of the down payment and the balance of the sale price shall be made by offset against the amount owed to Plaintiff under the Loan Documents. In the event the Commissioner or the Court determines that it would be appropriate to reopen bids in Court at the hearing to confirm sale, such reopened court bidding will be allowed on the condition that any such reopened court bid is at least ten percent (10%) higher than the highest bid received at public auction. Upon closing of the foreclosure sale herein authorized, all Defendants, and any and all persons claiming any interest in the Property by, through or under all Defendants, are forever barred and foreclosed of and from any and all rights, title, and interest and claims at law or in equity in and to the Property, unless allowed by law. The Purchaser shall pay closing costs, 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 the Purchaser to secure title insurance or financing shall not be a condition of closing. Bidders must conduct their own investigation as to any encumbrances that may affect this property. Bidders shall be responsible for their own due diligence as to title, permitting, sewage and all other issues for this property. SALE IS SUBJECT TO COURT CONFIRMATION. For further details and legal description contact: SHAWN MAILE NAKOA, ESQ. Rush Moore LLP Kala Cottage #6 65-1231 Opelo Road Kamuela, Hawaii 96743 Telephone No.: (808) 324-7575; snakoa@rmkona.com Commissioner (WHT1448815 3/25/24, 4/1/24, 4/8/24 )

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Kyra Bronson R(B) 23930

LUVA Real Estate

16-2167 Kuhio Drive, Pahoa, HI 96778 - Foreclosure Notice

 From Hawaii Tribune Herald 3-24-24:

Notice #: 0001448233-01
Foreclosures

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NOTICE OF FORECLOSURE SALE COURT ACTION: DEUTSCHE BANK NATIONAL TRUST COMPANY, A NATIONAL BANKING ASSOCIATION, ON BEHALF OF FINANCIAL ASSET SECURITIES CORP., SOUNDVIEW HOME LOAN TRUST 2007-WMC1, ASSET-BACKED CERTIFICATES, SERIES 2007-WMC1 V. ANTHONY PAUL SANTOS, ET AL., Civil No. 17-1-257, Third Circuit Court, State of Hawaii. 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 85, area 12,000 square feet, more or less, in Block 22 as shown on Map 70, 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. Together with a right-of-way across Lot 8388-A, as shown on Map 70, and Lot 1311-A, as shown on Map 44 of said Application, for read and utility purposes in common with others entitled thereto. TAX MAP KEY: (3) 1-6-076-023 PROPERTY ADDRESS: 16-2167 Kuhio Drive, Pahoa, HI 96778 SITE IMPROVEMENTS: Three bedroom, two bath dwelling (1252 square feet). Built in 2006. AUCTION: Date: Thursday, April 25, 2024 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, April 6, 2024 9:00 a.m. to 11:00 a.m. Monday, April 15, 2024 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: aaronchunghilo@gmail.com (HTH/WHT1448233 3/24, 3/31, 4/07/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

78-6694 Mamalahoa Highway, Holualoa, HI 96725 - Foreclosure Notice

 From West Hawaii Today 3/15/24:

Notice #: 0001448520-01
Foreclosures

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NOTICE OF FORECLOSURE AUCTION ACTION: U.S. Bank Trust N. A. v. Donna Payesko As Special Administrator of the Estate of Thomas Peter Vissers, et al., Civ # 18-1-186K (Foreclosure) PROPERTY DESCRIPTION: 78-6694 Mamalahoa Highway, Holualoa, HI 96725, 2,874 sq. ft. residential property, 4 bedroom(s), 3 bath(s), built in 2004. TMK # (3) 7-8-015-001-0000. Note: Property Description may differ from public tax records. OPEN HOUSES: March 18, 2024, 12:30 pm to 3:30 pm; March 21, 2024, 12:30 pm to 3:30 pm. AUCTION DATE: April 17, 2024 at 12:00 pm (noon) at the flagpole in front of 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 (WHT1448520 3/15, 3/22, 3/29/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

75-438 Hualalai Road, Kailua-Kona, HI 96740 - Foreclosure Notice

 Missed advertisement?   Please note, I do not have record of this sale being advertised, and was not provided with the info when requested so it may not have been properly advertised.  Bidder beware! 

The below details are from the Commissioner directly: 

NOTICE OF FORECLOSURE SALE

75-438 Hualalai Road, Kailua-Kona, Hawai’i 96740

In Civ. No. 3CC16100213K, Deutsche Bank, et. al. v. Victor M. Cox, et. al., the Third Circuit Court appointed John Knoebber as Commissioner to sell this property at public auction.

PROPERTY DESCRIPTION:  75-438 Hualalai Road, Kailua-Kona, HI 96740, Tax Map Key No.: (3) 7-5-031-002; 2 buildings. Building #1: living area 1,264 sq.ft; 2BD/2BA. Built in 1977. Building #2: living area 880 sq. ft; 2BD/1BA. Built in 1989. Land area 0.2650 acres. County assessed total taxable value $589,100. Currently occupied. Amount owed as of 10/03/22 is $718,906.08 plus atty fees/costs.

OPEN HOUSES:         None per Court order.

AUCTION DATE:   March 15, 2024 (Friday) at 12:00 pm at the flagpole at 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.

NOTICE OF FORECLOSURE SALE

75-438 Hualalai Road, Kailua-Kona, Hawai’i 96740

In Civ. No. 3CC16100213K, Deutsche Bank, et. al. v. Victor M. Cox, et. al., the Third Circuit Court appointed John Knoebber as Commissioner to sell this property at public auction.

PROPERTY DESCRIPTION:  75-438 Hualalai Road, Kailua-Kona, HI 96740, Tax Map Key No.: (3) 7-5-031-002; 2 buildings. Building #1: living area 1,264 sq.ft; 2BD/2BA. Built in 1977. Building #2: living area 880 sq. ft; 2BD/1BA. Built in 1989. Land area 0.2650 acres. County assessed total taxable value $589,100. Currently occupied. Amount owed as of 10/03/22 is $718,906.08 plus atty fees/costs.

OPEN HOUSES:         None per Court order.

AUCTION DATE:   March 15, 2024 (Friday) at 12:00 pm at the flagpole at 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.

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Kyra Bronson R(B) 23930

LUVA Real Estate

15-1916 11th Avenue, Pahoa, Hawaii 96778 - Foreclosure Notice

 From Hawaii Tribune Herald 3/3/2024:

Notice #: 0001446630-01
Foreclosures

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NOTICE OF FORECLOSURE SALE COURT ACTION: Central Pacific Bank v. Randy Allen Smith; Susan Elaine Smith; Carla Christina Konz; Hawaiian Paradise Park Owners Association, et al.; Civil No. 3CCV-23-0000107, 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, Puna, Island and County of Hawaii, State of Hawaii, described as follows: Lot 729, area 1.000 acre, more or less, in Block 9, as shown on Map 64, 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. Fee Simple. See Commissioner for full legal description. LOCATION: 15-1916 11th Avenue, Pahoa, Hawaii 96778; TMK: (3) 1-5-026-068. IMPROVEMENTS: A one story wood frame home consisting of 3 bedrooms, 2 baths built in 2007 and having a living area of approximately 1,056 square feet. OPEN HOUSE: Saturday, March 16, 2024, 10:00 a.m. to 12 Noon; Sunday, March 17, 2024, 10:00 a.m. to 12 Noon. DATE AND TIME OF AUCTION: Wednesday, April 3, 2024 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; Email: pklawyer@aol.com (HTH1446630 3/3, 3/10, 3/17/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

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

 From West Hawaii Today 03/02/2024

Notice #: 0001446625-01
Foreclosures

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NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil 3CC18100207K, the below Commissioner has been appointed to sell the named property at public auction. TMK No. 3-5-4-010-051-0000, a property located at: 54-2701 Union Mill Road, Kapaau, HI 96755. NO OPEN HOUSES; AUCTION will be held: April 10, 2024 at 12:00 PM. Auction will be held at Keahuolu Courthouse, 74-5451 Kamakaeha Ave, Kailua Kona HI 96740 at the “Flagpoles” near the northwest corner of the building. TERMS: No upset price. Property is to be sold in its as is condition, without any representations or warranties whatsoever as to title or possession and by way of a quitclaim conveyance by public commissioner’s sale. The successful bidder at Sale shall make a down payment to Commissioner of no less than ten percent (10%) of the highest successful bid price. Payment in cash, money order, by cashier’s check or by certified check, provided that Plaintiff may satisfy the down payment by way of offset up to the amount of its secured debt (credit bid). Prior to bidding, any person not previously authorized to credit bid must show the Commissioner such person’s present ability to make the required down payment immediately upon the close of bidding at Sale. At the Court’s discretion, the 10% down payment may be forfeited in whole or in part if the purchaser shall fail to pay the balance of the purchase price as required and set forth below. The Court may, for good cause, allow further bidding. In the event that such bidding is allowed, the first post auction bid must be at least one hundred five percent (105%) of the highest bid at Sale. The Court shall determine the amount of fees of the Commissioner. All costs and expenses of the closing of the Sale, including without limitation, the costs of conveyance, including preparation of the conveyance document, conveyance tax, escrow and recording fees, any proof of title or title insurance, and notary fees, as well as the costs of securing possession of the property, shall be the responsibility of and paid by the purchaser. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. Sale subject to Court confirmation. DISCLOSURE: Content of this Notice has been obtained from sources believed by Commissioner to be reliable but may not necessarily be accurate or complete. It is the sole responsibility of all bidders to verify the information contained herein. COMMISSIONER: Nicole K. Bowman, Schlueter, Kwiat & Kennedy LLLP, Atrium Court, 75-167 Kalani Street, Suite 201, Hawaii 96740. Tel. No. (808) 987-7275, Email: nicole@kona- lawyer.com (WHT1446625 3/2, 3/9, 3/16/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

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

 From West Hawaii Today 2/16/2024:

Notice #: 0001444669-01
Foreclosures

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

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Kyra Bronson R(B) 23930

LUVA Real Estate