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