Hawaii Tribune-Herald
Notice #: 0001331001-01

NOTICE OF FORECLOSURE SALE Pursuant to Plaintiffs FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER GRANTING PLAINTIFF AMERICAN SAVINGS BANK MOTION FOR SUMMARY JUDGMENT in the case entitled THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS INC. ASSET-BACKED CERTIFICATES SERIES 2005-17 vs ROMULO P. SALMO CHERIE M. SALMO, et al., Civil No. 16-1-0425 filed in the Circuit court ofthe 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 95-5557 Nahele Street, Naalehu, HI 96772, Tax Map Key No. (3) 95-026-028-0000. The property consists of a home built in 1943 with 3 bedrooms and I bath. The house is 2448 sq. ft. and is on a small 5920 sq. ft. lot. The house is in very poor condition and would require extensive renovation or demolition. Open Houses: Saturday, July 17, 2021 10:00 a.m. to 1:00 p.m. Sunday, July 25, 2021 10:00 a.m. to 1:00 p.m. Centers for Disease Control and Prevention (“CDC”) guidelines are to be observed at any open house or auction. This includes social distancing and mask wearing guidelines. DATE AND LOCATION OF SALE: The property (house and lot) shall be sold on Wednesday, July 28, 2021, 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. Please observe CDC protocols including wearing masks and maintaining 6 foot distancing from other bidders. 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. (HTH1331001 6/28, 7/5, 7/12/21)