From Hawaii Tribune Herald 03/10/25:
NOTICE OF FORECLOSURE SALE Pursuant to Plaintiff’s FINDINGS OF FACT, CONCLUSIONS OF LAW; ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT filed on August 6, 2024, in the case entitled DLJ MORTGAGE CAPITAL, INC. v. SERGIO VIERNES CABAL; JENNIFER AKIKO SHIMADA HEIMGARTNER AS SPECIAL ADMINISTRATOR OF THE ESTATE OF ROSALINA VIERNES CABAL; THE BANK OF NEW YORK MELLON, et al., Civil No. 3CC181000302, in the Circuit Court of the Third Circuit, State of Hawaii, the Court-appointed Commissioner will sell the following described property at public foreclosure sale at the date and time set forth below: Property Description: Property located at 9 1/2 Mile Kam #58, Keaau, Hawaii 96749, TMK No. (3) 1-6-147-033-0000. Property includes a lot with a house built in 1920 with 2 bedrooms and 1 bathroom. House is 858 sq. ft. and is on a 4,100 sq. ft. lot. A carport is attached. This is a brief summary of facts collected by the Commissioner from various sources. Any buyer is solely responsible for verifying all information through their own sources prior to bidding. Open Houses: Saturday, March 29, 2025 10:00 a.m. to 1:00 p.m. Sunday, April 6, 2025 10:00 a.m. to 1:00 p.m. DATE AND LOCATION OF SALE: The property (house and lot) shall be sold on Wednesday, April 9, 2025 at 12:00 noon at or near the flagpole and front entrance to the Hale Kaulike (new State Court Building), 777 Kilauea Avenue, Hilo, Hawaii. TERMS OF SALE: There shall be no upset price. The property shall be sold “as is”, “where is” condition without warranties of any nature, express or implied, to the highest bidder. Plaintiff, and all parties are authorized to purchase the 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 at the fall of the hammer in cash or certified cashier’s check, the balance of the purchase price to be paid concurrently with the conveyance of the Property to the purchaser. Plaintiffs are authorized to be a purchaser at said sale and the amount determined by this Court to be due and owing to Plaintiffs under the mortgage note at issue may be credited against the total bid price which Plaintiffs shall make at said sale. If Plaintiffs are the successful bidder at said sale, the ten percent (10%) down payment will not be required of Plaintiffs up to the amount of its secured indebtedness. 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 the commissioner may determine. 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. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale. All costs and expenses of closing, including without limitation, the costs of conveyance, 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. The sale shall not be final until approved and confirmed by the Court. COMMISSIONER: For fact sheet or other information, contact: PHILLIP L. CAREY, 688 Kinoole Street, Suite 105, Hilo, HI 96720. Tel # (808) 934-9711. careylaw@hawaii.rr.com. (HTH1486154 3/10, 3/17, 3/24/25)
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