West Hawaii Today
Notice #: 0001367020-01
Foreclosures

NOTICE OF INTENT TO FORECLOSE LIENS FOR DELINQUENT ASSESSMENTS AND SALE BY PUBLIC AUCTION (1) KOHALA COAST VACATION SUITES (2) WBKL VACATION SUITES AND (3) THE BAY CLUB AT WAIKOLOA BEACH RESORT (1)Tax Map Key No.: (3) 6-9-007-032. (2) Tax Map Key No.: (3) 6-9-008-012, (3)6-9-008-023, (3)6-9-008-024 AND (3) Tax Map Key No.: (3) 6-9-7-31. NOTICE IS HEREBY GIVEN that (1) KOHALA COAST VACATION OWNERS ASSOCIATION, INC., a Hawaii non-profit corporation, 6355 Metro West Blvd., Orlando, FL 32835 (the “Kohala Coast Association”), the lienholder under Notices of Lien for Delinquent Assessments (the “Kohala Coast Liens”) recorded on March 25, 2021 in the Bureau of Conveyances as Document No. A-77540926, and on October 26, 2021 in the Bureau of Conveyances under Document No. A-79690738 pursuant to Sections 514E-29 and 667-61 through 667-65, Hawaii Revised Statutes, and the provisions of the Declaration of Covenants, Conditions and Restrictions and Vacation Ownership Instrument for Kohala Coast Vacation Suites (the “Kohala Coast Project”) dated February 2, 2004, and recorded on February 12, 2004 in the Bureau of Conveyances, State of Hawaii as Document No. 2004-030035, as amended (the “Kohala Coast Declaration”) and the Bylaws of the Kohala Coast Association (the “Kohala Coast Bylaws”) (collectively, the “Kohala Coast Governing Documents”) hereby gives this notice of the Kohala Coast Association’s intent to foreclose the Kohala Coast Liens and hold a sale by public auction to satisfy the obligations set forth in said Kohala Coast Liens on the following described real property lying in the State of Hawaii, County of Hawaii, to wit: Fee simple ownership interest in the Project consisting of an undivided (See Exhibit “A”) interest having an Interval Control No.: (See Exhibit “A”) as tenant(s) in common with the holders of the other undivided interests in and to the time share project known as KOHALA COAST VACATION SUITES as established by that certain Declaration of Covenants, Conditions and Restrictions and Vacation Ownership Instrument for Kohala Coast Vacation Suites, recorded on February 12, 2004 in the Bureau of Conveyances, State of Hawaii, as Document No. 2004-030035 (“Declaration”); NOTICE IS HEREBY GIVEN that (2) WBKL VACATION OWNERS ASSOCIATION, INC., a Hawaii non-profit corporation, 6355 Metro West Blvd., Orlando, FL 32835 (the “WBKL Association”), the lienholder under Notices of Lien for Delinquent Assessments (the “WBKL Liens”) recorded on March 25, 2021 in the Bureau of Conveyances as Document No. A-77540927, and on October 26, 2021 in the Bureau of Conveyances under Document No. A-79690776 pursuant to Sections 514E-29 and 667-61 through 667-65, Hawaii Revised Statutes, and the provisions of the Declaration of Covenants, Conditions and Restrictions and Vacation Ownership Instrument for WBKL Vacation Suites (the “WBKL Project”) recorded on September 21, 2006 in the Bureau of Conveyances, State of Hawaii as Document No. 2006-173435, as amended (the “WBKL Declaration”) and the Bylaws of the Association (the “WBKL Bylaws”) (collectively, the “WBKL Governing Documents”) hereby gives this notice of the WBKL Association’s intent to foreclose the WBKL Liens and hold a sale by public auction to satisfy the obligations set forth in said WBKL Liens on the following described real property lying in the State of Hawaii, County of Hawaii, to wit: Fee simple ownership interest in the Project consisting of an undivided (See Exhibit “A”) interest having an Interval Control No.: (See Exhibit “A”) as tenant(s) in common with the holders of the other undivided interests in and to the time share project known as WBKL VACATION SUITES as established by that certain Declaration of Covenants, Conditions and Restrictions and Vacation Ownership Instrument for WBKL Vacation Suites, recorded on September 21, 2006 in the Bureau of Conveyances, State of Hawaii, as Document No. 2006-173435, as amended (“Declaration”). AND NOTICE IS HEREBY GIVEN that (3) THE BAY CLUB VACATION OWNERS ASSOCIATION, a Hawaii non-profit corporation, 6355 Metrowest Blvd., Orlando, FL 32835 (the “Bay Club Association”), the lienholder under Notices of Lien for Delinquent Assessments (the “Bay Club Liens”) recorded on October 26, 2021 in the Bureau of Conveyances as Document No. A-79690429, and on November 30, 2021 in the Bureau of Conveyances under Document No. A-80040816 pursuant to Sections 514E-29 and 667-61 through 667-65, Hawaii Revised Statutes, and the provisions of the Declaration of Condominium Property Regime of The Bay Club at Waikoloa Beach Resort, dated November 28, 1990, recorded at the Bureau of Conveyances of the State of Hawaii (the “Bureau”) as Document No. 90-183537, as amended (“Bay Club Declaration”) and the Bylaws of the Association (the “Bay Club Bylaws”) (collectively, the “Governing Documents”) hereby gives this notice of the Association’s intent to foreclose the Liens and hold a sale by public auction to satisfy the obligations set forth in said Liens on the following described real property lying in the State of Hawaii, County of Hawaii, to wit: Fee simple ownership interest in the project consisting of an undivided (See Exhibit “A”) interest in said Project as noted as Vacation Ownership Interest (See Exhibit “A”), Apartment No. (See Exhibit “A”), as established by that certain Declaration of Condominium Property Regime of The Bay Club at Waikoloa Beach Resort, dated November 28, 1990, recorded at the Bureau of Conveyances of the State of Hawaii (the “Bureau”) as Document No. 90-183537, as amended (“Declaration”). The property is owned by (See Exhibit “A”) and is being sold by reason of said owners uncured and continuing default and breach in the payment or performance of their obligations under the Governing Documents as secured by said Liens. The property is owned by (See Exhibit “A”) and is being sold by reason of said owners uncured and continuing default and breach in the payment or performance of their obligations under the Governing Documents as secured by said KOHALA COAST, WBKL AND THE BAY CLUB Liens. The sale shall be conducted at: AT THE FLAGPOLE FRONTING HALE HALAWAI PARK, ALII DRIVE, KAILUA-KONA, HI 96740 ON MAY 3, 2022 AT 12:00 NOON. Terms of sale are: (i) each of the properties to be sold is an undivided ownership interest in the Projects and shall be sold separately to satisfy the Liens “AS-IS, WHERE-IS” without representation and/or warranty of any kind with respect to condition, title, possession or encumbrances and without upset price by quitclaim conveyance (ii) Purchaser must, at close of Auction, pay to the Associations a non-refundable down payment of 10% of the highest successful bid price in cash (U.S.), or by cashier’s or certified check as a non-refundable deposit with the balance of the purchase price payable in full within twenty-one (21) days from the date of the Auction with such deposit being deemed earned and non-refundable and which shall be retained by the Associations as liquidated damages if Purchaser fails to pay the balance due timely. (iii) Purchaser shall pay all costs, expenses, and other sums due pursuant to the Governing Documents and applicable law; (iv) Associations shall be entitled to credit bid up to the amount of all sums due under the Liens and Governing Documents (including all interest, late fees, costs, penalties and attorney’s fees); (v) Purchaser must register to bid at the time of sale and by submitting a bid Purchaser acknowledges and agrees to the terms and conditions contained herein and to those additional terms which may be acknowledged by Purchaser at the sale. Sale is subject to cancellation and/or postponement for any reason, or no reason, before or after commencement of bidding. Any terms used, but not defined, herein shall have the meaning set forth in the Governing Documents. UNLESS ALL AMOUNTS DUE AND OWING PURSUANT TO THE NOTICE ARE PAID IN FULL WITHIN THE TIMEFRAME PERMITTED BY LAW, YOUR PROPERTY MAY BE SOLD WITHOUT ANY COURT ACTION OR JUDICIAL INTERVENTION. This is a non-judicial foreclosure proceeding to permit KOHALA COAST VACATION OWNERS ASSOCIATION, INC. and WBKL VACATION OWNERS ASSOCIATION, INC., AND THE BAY CLUB VACATION OWNERS ASSOCIATION, to pursue its in rem remedies under Hawaii law. THIS IS AN ACTION TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR SUCH PURPOSE. This foreclosure sale is being conducted by Law Offices of Marvin S.C. Dang, LLLC, whose office is located at P.O. Box 4109, Honolulu, Hawaii 96812-4109. For further particulars, contact: Sharon Warner for KOHALA COAST VACATION OWNERS ASSOCIATION, INC. or WBKL VACATION OWNERS ASSOCIATION, INC. or THE BAY CLUB VACATION OWNERS ASSOCIATION phone number (888) 491-1120 (9 a.m. to 5 p.m. Eastern time). KOHALA COAST VACATION OWNERS ASSOCIATION, INC., a Hawaii non-profit corporation and WBKL VACATION OWNERS ASSOCIATION, INC., a Hawaii non-profit corporation AND THE BAY CLUB VACATION OWNERS ASSOCIATION, a Hawaii non-profit corporation. By: Natasha Jackson, Authorized Agent. EXHIBIT “A” NOTICE OF INTENT TO FORECLOSE: KOHALA COAST VACATION OWNERS ASSOCIATION, INC. (23284.0032); CONTRACT NO./OWNER(S), UNDIVIDED INTEREST, INTERVAL CONTROL NO, APARTMENT NO.: Tatiana Suvalian, .016025641%&.016025641%, 67-1617-5&67-1617-30; EXHIBIT “A” NOTICE OF INTENT TO FORECLOSE: KOHALA COAST VACATION OWNERS ASSOCIATION, INC. (23284.0033); CONTRACT NO./OWNER(S), UNDIVIDED INTEREST, INTERVAL CONTROL NO, APARTMENT NO.: Sharon Louise Rogers Aka Sharon Konczal Rogers, .016025641%, 67-1618-50; Louise Hill, Michelle Rosalyn Hill, Marcia Renee Hill, .016025641%, 67-1611-40; Derrick David Stinson, .016025641%, 67-1526-36; Terrance Candler Mayo, Mallery Gilbert Mayo, .008012821%, 67-1514-43-E; Larry Don Mcmillan, Rhonda Louise Mcmillan, .008012821%, 67-1713-39-E; Kyu Won Han, Jung Won Park, .008012821%, 67-1816-40-E; Wen Chung Wu, 0.016025641%, 67-1627-14; David Burton Davis, Deborah Ann Davis, 0.00801282100%, 67-1415-1-E; EXHIBIT “A” NOTICE OF INTENT TO FORECLOSE: WBKL VACATION OWNERS ASSOCIATION, INC. (23291.0035) CONTRACT NO./OWNER(S) UNDIVIDED INTEREST, INTERVAL CONTROL NO , APARTMENT NO.: Tatiana Suvalian, 0.0076029897%, 68-29212-44 O; EXHIBIT “A” NOTICE OF INTENT TO FORECLOSE: WBKL VACATION OWNERS ASSOCIATION, INC. (23291.0036) CONTRACT NO./OWNER(S) UNDIVIDED INTEREST, INTERVAL CONTROL NO , APARTMENT NO.: Elma Gengos Panizales, 0.0097280915%&0.0097280915%&0.0097280915%, 68-1912-1&68-1912-2&68-1912-3; Kwasi Ametewee, 0.0068281938%, 68-2232-44; Deepak Rupchand Mahtani, Bindu Deepak Mahtani, .0097280915%, 68-2121-11; Tracy Lynn Little John Thomas Davis, .00486404575%, 68-1923-2-O, .00486404575%, 68-1923-2-E; Shelli Leigh Cutting, .0068281938%, 68-2613-45; Lori Ellen Saffier, Wife Of Ken A. Saffier, .0034140969%, 68-2718-22-O; David Gordon Tustin, Judith Ray Tustin, .0097280915%, 68-2732-19; Alexander Henry Von Welczeck, Spouse Of Claudia Andrea Von Welczeck, .0097280915%, 68-2832-25; Gary Allan Dias, Joan Shirley Parker-Dias, .0238637982%, 68-29117-6; Maura Ann Sullivan, Wife Of Roger Greer, .0152059794%, 68-30104-35; Gene Doronila, Josefina Doronila, 0.01193189910%, 68-29117-22-O; Miriam Goldstein, 0.00486404575%, 68-2131-40-O; EXHIBIT “A” NOTICE OF INTENT TO FORECLOSE: THE BAY CLUB VACATION OWNERS ASSOCIATION. (32668.0094) CONTRACT NO./OWNER(S), VACATION OWNERSHIP INTEREST,UNDIVIDED INTEREST, INTERVAL CONTROL NO, APARTMENT NO.: Angelo F. Nicastro, Jr. O15632, 1/102, 227; George “Nmn” Brims, Sandra L. Brims, O4440, 1/102, 931; David R. Portlock, Judy Anne Portlock, O8718, 1/102, 136; Romy Jaworski, Trustee Of The Romy Jaworski Revocable Living Trust Dated August 21, 2009, And Any Amendments Thereto, E9031&O9021, 2/102, 1312; Ann L. Hill, Wife Of Robert L. Hill, E12633&O12633, 2/102, 212; EXHIBIT “A” NOTICE OF INTENT TO FORECLOSE: THE BAY CLUB VACATION OWNERS ASSOCIATION. (32668.0095) CONTRACT NO./OWNER(S), VACATION OWNERSHIP INTEREST,UNDIVIDED INTEREST, INTERVAL CONTROL NO, APARTMENT NO.: Tatiana Suvalian, O747, 1/102, 422; Tatiana Suvalian, O10035&E10035, 2/102, 317; Tatiana Suvalian, O14926&E14926, 2/102, 221; Tatiana Suvalian, E9218&O9210, 2/102, 1322; (WHT1367020 4/1, 4/8, 4/15/22)