From West Hawaii Today 7-14-23:
NOTICE OF FORECLOSURE SALE Pursuant to the Findings of Fact and Conclusions of Law; Order Granting Plaintiff’s Motion for Summary Judgment and for Interlocutory Decree of Foreclosure Filed February 28, 2003; Exhibit A, filed on April 27, 2023, in DLJ Mortgage Capital, Inc.. v. Hatfield, et al., Civil No. 3CCV-22-0000094, Third Circuit Court of the State of Hawaii, the Commissioner identified below has been directed to sell the following property at a public auction. DESCRIPTION: 92-8318 Lauhala Street, Ocean View, Hawaii 96737, TMK: 3-9-2-199-038-0000, a 595 square feet 2-story structure with 1-bathroom reportedly built in 2000 with two wood decks on 3.315 acres. Fee simple. OPEN HOUSES: None by court order. PUBLIC AUCTION: August 21, 2023 at 12:00 Noon at the Keahoulu Courthouse, 74-5451 Kamakaeha Ave, Kailua Kona HI 96740, near the “Ho’o Pohaku” sculpture at the northwest corner of the building in the shade. TERMS OF SALE: No upset price. Property will be sold in “as is” condition with no warranty of title or possession or any other warranties. No less than ten percent (10%) of the highest successful bid price must be deposited with the Commissioner at the close of the auction, and payment to be made in cash, money order, certified check or cashier’s check. Potential bidders must be able to provide proof of their ability to comply with the 10% bid requirement or status as a party entitled to credit bid prior to participating in the public auction. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale by the Third Circuit Court of the State of Hawaii and tender of the document(s) transferring title. At the confirmation hearing, the Court may allow further bidding on the condition that the initial opening bid must be at least one hundred five percent (105%) of the highest bid at the public auction. All costs and expenses of securing possession of the property and closing, including conveyance and recordation fees and conveyance taxes, shall be paid by the successful purchaser. The ten percent (10%) down payment may be forfeited in full or in part if the successful purchaser fails to pay the balance of the purchase price after court confirmation of the sale. Neither the availability of financing, title insurance, nor securing possession of the property shall be a condition of closing. Real estate brokerage commissions will not be paid from sales proceeds. The sale will not be final until approved by the court. For further information contact Daniel S. Peters, Esq., 74-540 Honokohau Street, Kailua-Kona, Hawaii 96740, (808) 331-1199, daniel@danielspeters.com, Commissioner. (WHT1422816 7/14, 7/21, 7/28/23)
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