55-2247 Kynnersley Road, Kapaau, Hi 96755 - Foreclosure Notice

 

From West Hawaii Today 4/10/22:

Notice #: 0001367420-01
Foreclosures

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NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil No. 3CC18100004K, the below Commissioner has been appointed to sell the named property at public auction. PROPERTY DESCRIPTION: Located at 55-2247 Kynnersley Road, Kapaau, Hi 96755, a 2 bedroom, 2.5 bath, 2,220 sq. ft. residence, T-M-K: (3)5-5-002-005-0001. OPEN HOUSES: None AUCTION: May 9, 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 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: 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. (WHT1367420 4/10, 4/17, 4/24/22)

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

 

From West Hawaii Today 4/8/22:

Notice #: 0001367041-01
Foreclosures

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NOTICE OF FORECLOSURE SALE Pursuant to the Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Summary Judgment Against All Defendants and for Interlocutory Decree of Foreclosure; Exhibit A, filed on March 2, 2022, 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: April 10, 2022 from 10:00 a.m. to 12:00 p.m., and April 24, 2022 from 10:00 a.m. to 12:00 p.m. PUBLIC AUCTION: May 11, 2022 at 12:00 Noon at the Keahoulu Courthouse, 74-5451 Kamakaeha Ave, Kailua Kona HI 96740, at the “Ho’o Pohaku” sculpture 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., 75-5875 Kahakai Road, Kailua-Kona, Hawaii 96740, (808) 331-1199, daniel@danielspeters.com, Commissioner. (WHT1367041 4/8, 4/15, 4/22/22)

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73-1356 KAIMINANI DR, KAILUA KONA, HI - Postponement Notice

 

From West Hawaii Today 4/6/22:

Notice #: 0001366171-01
Foreclosures

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NOTICE OF POSTPONED FORECLOSURE SALE 73-1356 KAIMINANI DR, KAILUA KONA, HI TMK (3) 7-3-030-015-0000 Notice is hereby given that Pursuant to the FINDINGS OF FACT; CONCLUSIONS OF LAW; ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND FOR INTERLOCUTORY DECREE OF FORECLOSURE FILED OCTOBER 22, 2021; EXHIBIT “A” filed February 8, 2022 in Civil No. 3CCV-20-0000075 and HRS 667-20.1 the undersigned Commissioner has been appointed to sell the above described property at the postponed public auction as follows: Property Description: 3 BR, 2 BA, 1313 sq. ft. single family residence, 2 car garage, 10,010 sq. ft. lot Auction: Previously ser for Friday, March 25, 2022, at 12:00 p.m. at the flagpole fronting the CIRCUIT COURT OF THE THIRD CIRCUIT- KONA DIVISION, 74-5451 Kamakaeha Ave, Kailua Kona, HI 96740 and now POSTPONED TO: FRIDAY, APRIL 22, 2022 at noon at the same location TERMS OF SALE: Property is to be sold “AS IS” to the highest bidder with no upset price. Not less than ten percent (10%) of the highest successful bid price in cash, cashier’s check, certified check or by money order must be deposited with Commissioner at the close of auction, provided that Plaintiff may satisfy the down payment by way of offset up to the amount of its secured debt. Prior to bidding any person not authorized to credit bid must show the Commissioner the present ability to make the required down payment in such form immediately upon the close of bidding. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale, provided that if Plaintiff is the purchaser, Plaintiff may satisfy the balance of the purchase price by way of offset up to the amount of its secured debt. At the Court’s discretion, the 10% down payment may be forfeited in full or part if the purchaser shall fail to pay the balance of the purchase price upon Court confirmation. All costs and expenses of closing including the costs of conveyance, preparation of the conveyance document, conveyance tax, escrow and recording fees, any proof of title or title insurance, and notary fees, as well as other costs of securing possession of the Mortgaged Property, shall be the responsibility of and paid by the purchaser. Neither the availability of the title insurance nor securing possession of the Mortgaged Property shall be a condition of closing. SALE IS SUBJECT TO COURT CONFIRMATION. ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY PURCHASER BEFORE BIDDING. For further legal description, information and/or photographs contact VICTOR M. COX, Commissioner, P.O. Box 2105, Kailua-Kona, HI 96745 (mailing), e-mail: victorlaw4@aol.com, phone (808) 731-5860 VICTOR M. COX, Commissioner (WHT1366171 4/6/22)

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