From West Hawaii Today 7-19-24:
NOTICE OF FORECLOSURE SALE ACTION: U.S. BANK TRUST, N.A., VS. ROBERT FREITAS, JR. AKA ROBERT FREITAS; ET AL; Civil No. 18-1-175K(Foreclosure), Circuit Court of the Third Circuit (Kona). PROPERTY DESCRIPTION: 73-1280 Kaiminani Drive, Kailua-Kona, Hawai’i 96740. TMK (3) 7-3-033-068. 3 bedroom/3 bathroom residential house of 1,848 square feet. Land area of 11,200 square feet. OPEN HOUSES: None, per Court Order. AUCTION DATE: THURSDAY, AUGUST 22, 2024, AT NOON, by the flagpole at Keahoulu (Kona) Courthouse, 74-5451 Kamakaeha Avenue, Kailua-Kona, Hawaii 96740. TERMS OF SALE: No upset price. Property is sold in “AS IS” condition, without any representations or warranties whatsoever as to title or possession and by way of a quitclaim conveyance by public commissioner’s sale. Plaintiff and all parties are hereby 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 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. Prior to bidding, any person not 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 forfeit in whole or in part if the purchaser fails to pay the balance of the purchase price. Sale subject to court confirmation. All costs and expenses of the closing of the sale, including without limitation, the costs of conveyance, conveyance tax, escrow and recording fees, any proof of title or title insurance, as well as the cost of securing possession of the mortgage property, shall be the responsibility of and paid by the purchaser. Neither the availability of financing, title insurance, nor securing possession of the mortgaged property shall be a condition of closing. COMMISSIONER: For further information and fact sheet, please contact R. HERMANN HEIMGARTNER, ATTORNEY AT LAW LLLC, Commissioner; P.O. Box 1839, Kailua-Kona, HI 96745; Telephone 808-756-7022; email: Hermann@Kona.Attorney ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY THE PURCHASER BEFORE BIDDING. (WHT1461554 7/19, 7/26, 8/2/24)
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