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NOTICE OF FORECLOSURE SALE BY AUCTION in Diamond Head - Kapahulu - St. Louis, 2863 Kalakaua Avenue, Honolulu, HI 96813, US

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Location: Diamond Head - Kapahulu - St. Louis, 2863 Kalakaua Avenue, Honolulu, HI 96813, US
Category: Events & Notices - Legal and Public Notices
Posted: 06/07/2018
Contact: 8085210416


NOTICE OF FORECLOSURE SALE BY AUCTION Pursuant to Findings of Fact, Conclusions of Law and Order Granting Plaintiff's Motion for Summary Judgment Against All Defendants and for Interlocutory Decree of Foreclosure; Exhibit "A" filed on April 16, 2018 in Civil No. 17-1-042K, Third Circuit Court in the State of Hawaii, the undersigned Commissioner has been directed to sell the following described property at public auction. DESCRIPTION: Fee Simple Home Located at 68-3600 W. Makuahine Street Waikoloa, Hawaii 96738 TMK: (3) 6-8-030-025-0000 Three bedroom, two bath home in quiet neighborhood. District area schools are Waikoloa Elementary and Middle School and Kealakehe High School. OPEN HOUSES: Sunday, June 24, 2018; 10:00 a.m. - noon Sunday, July 1, 2018; 10:00 a.m. - noon AUCTION: Friday, July 6, 2018 at 12:00 noon at Hale Halawai Flagpole, Kailua-Kona, Hawaii. TERMS OF SALE: Property to be sold "AS IS" condition, without any representations or warranties as to title or possession to the highest bidder at public Commissioner's sale, without an upset price. The successful bidder shall pay a down payment to 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. Such shall not be final until approved by the Court. At the Court's discretion, the ten percent (10%) down payment may be forfeited in full or in part if the purchaser fails to pay the balance of the purchase prices as hereinafter set forth. In no event shall the Purchaser be liable for reasonable damages greater than the ten percent (10%) down payment. Plaintiff, or its designee, is authorized to be a purchaser at any sale, without the requirements of any down payment at said sale. Plaintiff's counsel or their authorized bidder may place a bid at the Commissioner's auction without any requirement of prior written notice to Commissioner designating the authorized bidder. 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. 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 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. SALE IS SUBJECT TO COURT CONFIRMATION. For further details and legal description contact: SHAWN MAILE NAKOA, ESQ. Rush Moore LLP A Limited Liability Law Partnership 75-167 Kalani Street, Suite 105 Kailua-Kona, Hawaii 96740 Telephone No.: (808) 324-7575 Commissioner (WHT1098934 6/7, 6/14, 6/21/18)
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