West Hawaii Today
Notice #: 0001365006-01

NOTICE OF FORECLOSURE SALE BY AUCTION Pursuant to the Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Renewed Motion for Default Judgment Against Defendants Ronald S.K. Mitchell, individually, Daisy L.K. Mitchell, individually, Daisy L.K. Mitchell, as Trustee under that certain unrecorded Revocable Trust of Daisy L.K. Mitchell, dated December 7, 1995, Lindalani K. Mock Chew, Robert K. Kawamoto and Daisy L.K. Mitchell, Co-Trustees under that unrecorded Revocable Trust Agreement of Lucy Kawamoto, dated November 5, 1998 and Summary Judgment and Decree of Foreclosure Against All Defendants on Complaint Filed August 14, 2019; Exhibit A filed on January 21, 2022, in Civil No. 19-1-0179K, 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 79-7260 Saint Paul Road Kealakekua, Hawaii 96750 TMK: (3) 7-9-014-010 OPEN HOUSES: April 3, 2022; 10:00 a.m. – noon April 10, 2022; 10:00 a.m. – noon AUCTION: May 2, 2022, 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: The property shall be sold “As Is”, without any representations or warranties as to title or possession. Plaintiff and all parties are authorized to purchase the mortgaged property at the foreclosure sale. The successful bidder 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. This payment shall be made 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 hereby authorized to credit bid must show the Commissioner such person’s present ability to make the required down payment immediately upon the close of the bidding. 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 hereinafter set forth. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale. All costs and expenses of the closing of the sale, including without limitation, the costs, 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 title insurance nor securing possession of the mortgaged property shall 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 (WHT1365006 3/31, 4/7, 4/14/22)