West Hawaii Today
Notice #: 0001353253-01

NOTICE OF FORECLOSURE SALE A fee simple interest in 1,725 square feet, 4 bedroom, 2.5 bathroom single family residence, located at 74-5180 Kanai Place, Kailua-Kona, District of North Kona, County and State of Hawaii; and designated as Tax Map Key No. (3) 7-4-013-022. 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 Against All Parties filed September 11, 2019, filed on March 3, 2020, in The Bank of New York Mellon vs. Francine G.K. Rieder; Francine K. Lui; Queen Liliuokalani Village Community Association, et al.; Civil No. 17-1-200K, 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 House: None per Court Order Auction: Wednesday, January 12, 2022 at 12:00 p.m. At the flagpole fronting Hale Halawai, Kailua-Kona, Hawaii. TERMS OF SALE: Property to be sold “AS IS” to the highest bidder with no upset price, and without any warranties as to title or possession. The successful bidder at the sale shall make a down payment to the Commissioner in the amount of not less than ten percent (10%) of the highest successful bid price. This payment shall be in cash, or by cashier’s check or certified check (payable to “Cash” or “Payesko Law Firm LLLC Client Trust Account”), 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 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 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 IS SUBJECT TO COURT CONFIRMATION. For further legal description and information contact DONNA V. PAYESKO, Commissioner, P.O. Box 1554, Kailua-Kona, HI, 96745; Phone: (808) 989-8390, donna@ohanalegacylaw.com. (WHT1353253 12/13, 12/20, 12/27/21)