16-1561 35th Avenue, Keaau, HI 96749 - Foreclosure Notice

 

From Hawaii Tribune Herald 9/9/22:

Notice #: 0001384338-01
Foreclosures

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NOTICE OF POSTPONED FORECLOSURE SALE COURT ACTION: Reverse Mortgage Funding. LLC, vs. Marshall D. Chinen, Esq. As Personal Representative Of The Estate Of Anita Leilani Lancaster; Secretary Of Housing And Urban Development; State Of Hawaii- Hawaii Health Systems Corporation Dba Hilo Medical Center; Child Support Enforcement Angency – State Of Hawaii; Orchidland Community Association, Inc., et al., Civil No. 3CC181000292, Circuit Court of the Third Circuit, State of Hawaii DESCRIPTION: Lot: 2.002 Acres House: 1,188 square feet house, 3 Bedrooms, 1 full bath and 1 half bath LOCATION: 16-1561 35th Avenue, Keaau, HI 96749 TAX MAP KEY: 3-1-6-010-177-0000 ZONING: A-3a (Agricultural, 3 acre minimum) AUCTION DATE: Date: Wednesday September 28, 2022 Time: 12:00 p.m. (Noon) Place: Front Entrance to Hale Kaulike 777 Kilauea Avenue, Hilo, Hawaii TERMS OF SALE: The Property shall be sold at a public or private sale. In the event the Property is sold at public auction, there shall be no upset price at the sale, and the Property shall be sold “as is”, without any representations or warranties as to title or possession. Upon fall of the hammer, the successful bidder shall pay a down payment to the Commissioner, by cash or certified check, in an amount not less than ten percent (10%) of the successful bid price, with the exception of Plaintiff, who may use the amount of its secured indebtedness as the required ten percent (10%) down payment. The balance shall be paid concurrently with delivery of the documents transferring title. At the Court’s discretion, ten percent (10%) of the purchase price may be forfeited as reasonable damages in full or in part if the Purchaser fails to close within the time ordered by the Court. In no event shall reasonable damages be greater than 10% of the purchase price. Plaintiff or its designee, is authorized to be a purchaser at the foreclosure sale, and to credit bid up to the total amount due to Plaintiff without the requirement of any down payment at said sale. If Plaintiff is the highest bidder, payment of the down payment and the balance of the sale price shall be made by offset against the amount owed to Plaintiff under the Loan Documents. The purchaser shall pay closing costs, including but not limited to costs of escrow fees, title insurance premiums, conveyance document preparation fees, prorated real property and conveyance tax, recordation and costs of securing possession after closing. The inability of the purchaser to secure title insurance or financing shall not be a condition of closing. The sale shall not be final until approved by the Circuit Court of the Third Circuit, State of Hawaii. FOR MORE INFORMATION: Dwayne Stephen Lerma, Commissioner P. O. Box 130 Keaau, Hawaii 96749 Telephone No.: (808) 961-4484 (HTH1378837 9/9/22)

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74-5618 Palani Road, Kailua-Kona - Foreclosure Notice

 

From West Hawaii Today 09/07/22:

Notice #: 0001384922-01
Foreclosures

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NOTICE OF FORECLOSURE SALE A leasehold interest in and to Apartment F-8, “Kona Kai” a 1,007 square ft, 3 bedroom, 2 bathroom apartment, located at 74-5618 Palani Road, Kailua-Kona, District of North Kona, County and State of Hawaii, designated as Tax Map Key # (3) 7-4-010-036-0047. Notice is hereby given that 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 April 3, 2020, filed on May 10, 2022, in MTGLQ Investors L.P., v. Richard Allen Hunsaker; Priscilla Ruth Hunsaker; CFF Associates; The Association of Apartment Owners of Kona Kai, et al.; Civil No. 3CC17100193K, in the Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner has been appointed to sell the above described property at public auction as follows: Open House: Saturday, September 24, 2022 10:00 a.m. to 12:00 p.m. Saturday, October 1, 2022 10:00 a.m. to 12:00 p.m. Auction: Wednesday, October 12, 2022 at 12:00 p.m., at the flag pole fronting Keahuolu Courthouse 74-5451 Kamakaeha Avenue Kailua-Kona, Hawaii TERMS OF SALE: Property to be sold “AS IS” to the highest bidder with no upset price, and without any warranties as to title or possession. The successful bidder at the sale shall make a down payment to the Commissioner in the amount of not less than ten percent (10%) of the highest successful bid price. This payment shall be in cash, or by cashier’s or certified check (payable to “Cash” or “Payesko Law Firm LLLC Client Trust Account”), 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 hereby authorized to credit bid must show the Commissioner such person’s present ability to make the required down payment in such form immediately upon the close of the bidding. At the Court’s discretion, the 10% down payment may be forfeited in full or in part if the purchaser shall fail to pay the balance of the purchase price as hereinafter set forth. In no event shall the purchaser be liable for damages greater than the forfeiture of the 10% down payment. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale, provided that if Plaintiff is the purchaser at the foreclosure sale, said Plaintiff may satisfy the balance of the purchase price by way of offset up to the amount of its secured debt. The Commissioner may require that the sale close through an escrow, even if the purchaser does not require one. All costs and expenses of closing, including without limitation, the costs of conveyance, 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 property, shall be the responsibility of and paid by the purchaser. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. SALE IS SUBJECT TO COURT CONFIRMATION. For further legal description and information contact DONNA V. PAYESKO, Commissioner, P.O. Box 1554, Kailua-Kona, HI, 96745; Phone: (808) 989-8390. (WHT1384922 9/7, 9/14, 9/21/22)

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15-1370 15th Avenue, Keaau, Hawaii 96749 - Foreclosure Notice

From Hawaii Tribune Herald 9/4/22:

Notice #: 0001385401-01
Foreclosures

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NOTICE OF COMMISSIONER’S SALE BY AUCTION Pursuant to the Findings of Fact and Conclusions of Law and Order Granting Plaintiff’s Motion for Summary Judgment and for Interlocutory Decree of Foreclosure Against All Parties filed in the below- named court action, the undersigned Commissioner will sell the following real property at public auction at the date, time and place set forth below. COURT ACTION: WILLMINGTON TRUST, NA, et al. vs. ELEONORE MARIA CARTER, et al. CIVIL NO. 14-1-0288 (Foreclosure), Third Circuit Court, State of Hawaii. PROPERTY DESCRIPTION: Tax Map Key No. (3) 1-5-044-015 15-1370 15th Avenue, Keaau, Hawaii 96749 Single Family Residence, 3 bedrooms, 2 bathrooms,1,736 sq. ft., one (1) acre lot. OPEN HOUSES: No Open House, please contact Commissioner for more details. DATE AND LOCATION OF AUCTION: Tuesday, October 4, 2022 at 10:00 a.m. Entrance of the Judiciary Complex/ Hale Kaulike Building, at 777 Kilauea Ave., Hilo, HI 96720 TERMS OF SALE: Property to be sold “as is” to the highest bidder by the court appointed commissioner at a public auction. No upset price, but any sale is subject to court confirmation. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT IN A COURT ORDER. Deposit of ten percent (10%) of the amount of the bid price in cash, cashier’s check or certified check is due at close of bidding. Bidders not authorized by the court must show proof to the Commissioner of their ability to pay the required deposit prior to bidding. Balance of bid price is due upon court approval and confirmation of sale. If the balance is not paid to Commissioner upon approval and confirmation of sale, the ten percent (10%) deposit may be forfeited. Purchaser shall pay all costs of conveyance, including escrow documents, conveyance tax, recording fees, etc., and shall be responsible for securing possession of the property and all costs incident thereto. FOR FURTHER INFORMATION: Contact: IVAN L. VAN LEER, Commissioner, P.O. Box 1297, Pahoa, HI 96778, Tel No. (808)-965-0270; email ivanvanleer@yahoo.com (HTH1385401 9/4, 9/11, 9/18/22)

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