West Hawaii Today
Notice #: 0001440289-01

NOTICE OF FORECLOSURE SALE LOCATION: Lot Number 5 of Block No. 38 of the “HAWAIIAN OCEAN VIEW RANCHOS” subdivision, as shown on File Plan No. 1183, filed in the Bureau of Conveyances of the State of Hawai’i, located in Kahuku, Kau, Island and State of Hawai’i. TMK: (3)9-2-198-055. DESCRIPTION: 3.3150 Acre unimproved lot LEASEHOLD/FEE: Fee OPEN HOUSES: None by Order of the Court AUCTION DATE: January 25, 2024 at Noon in front of the flagpole at the Keahoulu Courthouse, 74-5451 Kamaka’eha Avenue in Kailua-Kona, Hawai’i TERMS OF SALE: Pursuant to the Findings of Fact, Conclusions of Law and Order Granting Plaintiff Hawaiian Ranchos Corporation, a Hawaii Nonprofit Corporation’s Motion for Summary Judgment for Monetary Damages and for Foreclosure of Lien filed October 25, 2023 in Civil No. 3CCV-22-0000389 in the Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner will offer for sale to the highest bidder at a public auction the property described above, pursuant to the following terms and conditions: Property to be sold “AS IS” at public auction, without any representations or warranties whatsoever as to title or possession, to the highest bidder with no upset price. Potential bidders must provide proof of ability to pay 10% prior to participation in bidding at auction. A non-refundable deposit of not less than Ten Percent (10%) of the highest successful bid price shall be deposited with the Commissioner at the close of auction, such payment to be made in cash or by certified or cashier’s check. The down payment may be subject to forfeiture if the high bidder fails to pay the remaining balance of the bid, for failure to complete the transaction in a timely manner, or as otherwise ordered by the Court. The balance of said 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, such payment to be in cash or by certified or cashier’s check. All costs and expenses of conveyance, including escrow and recording fees, conveyance tax, securing possession of the subject property, any proof of title or title insurance and notary fees shall be at the expense of the successful purchaser. Real estate brokerage commission will not be paid from sales proceeds. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. The subject property will be conveyed by Commissioner’s (Quitclaim) Deed pursuant to order of the Third Circuit Court. THE SALE IS SUBJECT TO AND SHALL NOT BE FINAL UNTIL CONFIRMED BY THE THIRD CIRCUIT COURT, STATE OF HAWAII. No representation is made as to the accuracy of figures provided by others. All amounts are approximate and subject to order of the Court. For further information contact: Alan H. Tuhy, Esq., Commissioner, 78-7100 Kamehameha III Rd., Ste. 405, Kailua-Kona, HI. 96740: PH: (808) 329-5678; Fax: (808) 329-5788 or alan@tuhylaw.com. (SA1440289 12/19, 12/26/23, 1/02/24)