West Hawaii Today
Notice #: 0001330526-01

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 October 22, 2020 in Civil No. 19-1-062K, 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 Home Located at 68-1806 Auhili Loop Waikoloa, Hawaii 96738 TMK: (3) 6-8-009-040-0000 Three bedroom, 2.5 bathroom home. District area schools are Waikoloa Elementary and Middle Schools, Kealakehe High School. OPEN HOUSES: Sunday, July 18, 2021; 10:00 a.m. – noon Sunday, July 25, 2021; 10:00 a.m. – noon AUCTION: Friday, August 6, 2021 at 12:00 noon at Hale Halawai Flagpole, 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, in accordance with this order. 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, 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 forth below. In no event shall reasonable damages be greater than 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 Borrowers 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. 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 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 A Limited Liability Law Partnership 75-167 Kalani Street, Suite 105 Kailua-Kona, Hawaii 96740 Telephone No.: (808) 324-7575 Commissioner (WHT1330526 7/8, 7/15, 7/22/21)