From Hawaii Tribune Herald 12/22/24:
NOTICE OF FORECLOSURE SALE COURT ACTION: PENNYMAC LOAN SERVICES, LLC v. DARIANNA BRIELLE MARIKO KALUHIWA-YAMAGUCHI, ET AL., Civil No. 3CCV-23-0000438, Third Circuit Court, State of Hawaii. PROPERTY DESCRIPTION: -PARCEL FIRST:- All of that certain parcel of land situate at Keaau, District of Puna, Island and County of Hawaii, State of Hawaii, described as follows: Lot 10, area 12,000 square feet, more or less, as shown on the map 70, filed with Land Court Application No. 1053 (amended) of W.H. Shipman, Limited. -PARCEL SECOND:- A right-of-way across Lot 8388-A, as shown on Map 70, and Lot 1311-A, as shown on Map 44, of said Application, for road and utility purposes in common with others entitled hereto. TAX MAP KEY: 3-1-6-088-009 PROPERTY ADDRESS: 16-2369 Ainaloa Drive, Pahoa, Hawaii 96778 SITE IMPROVEMENTS: Three bedroom, two full bath dwelling (1168 square feet). Built in 1981. AUCTION: Date: Wednesday, January 22, 2025 Time: 12:00 p.m. (noon) Place: Front entrance of Hale Kaulike (State Judiciary Building), 777 Kilauea Avenue, Hilo, Hawaii. TERMS OF SALE: The property shall be sold “AS IS”, without any representations or warranties as to title or possession and by way of a quitclaim conveyance upon the following terms: No upset price. Upon the fall of the hammer, the successful bidder(s) 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. 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 as aforesaid, immediately upon the close of the bidding, except that 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. The Commissioner shall accept the highest bid made at the foreclosure sale. At the Court’s discretion, 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 set forth below. In no event shall reasonable damages be greater than 10% of the purchase price. A further hearing shall be held in this action to consider confirmation of the foreclosure sale. In the event the Commissioner or the Court determines that it would be appropriate to reopen bids in Court at the hearing to confirm sale, such reopened court bidding will be allowed on the condition that any such reopened court bid is at least five percent (5%) higher than the highest bid received at public auction. The balance of the purchase price shall be paid to the Commissioner concurrently with delivery of the documents transferring title, provided that if the 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. The purchaser shall pay all 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 purchase to secure title insurance or financing shall not be a condition of closing. The Commissioner shall have the authority to continue the sale from time to time at his discretion. The sale shall not be final until approved and confirmed by the Court. VIEWING: The Court has approved for the sale to be conducted without open houses. If the property, at some point, becomes accessible for public viewing, the Commissioner shall inform all persons who have contacted him and shown interest in the property. FOR MORE INFORMATION CONTACT: Aaron S. Y. Chung, Commissioner P.O. Box 11458 Hilo, Hawaii 96721 Phone: (808)937-4772 Email: aaronchunghilo@gmail.com (HTH1477657 12/22, 12/29/24, 1/05/25)
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