Hawaii Tribune-Herald
Notice #: 0001332917-01

NOTICE OF FORECLOSURE SALE Pursuant to the Findings of Fact; Conclusions of Law; Order Granting Plaintiff’s Motion for Summary Judgment, and for Interlocutory Decree of Foreclosure Against All Parties filed October 13, 2020, filed on March 15, 2021, in Linear Mortgage, LLC, v. Marshall D. Chinen as Personal Representative of the Estate of Carl E. Richards, et al., Civil No. 3CCV-20-0000176, Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner will sell the following described property at public foreclosure sale at the date and time set forth below: PROPERTY: All of that certain parcel of land situate in the District of South Hilo, Island and County of Hawaii, State of Hawaii, being Apartment No. 408, Parking Stall No. 408, and Storage Locker No. 408, of that certain Condominium Project known as “HALE MOANA APARTMENTS”, as shown on Condominium Map No. 201, recorded in the Bureau of Conveyances of the State of Hawaii. Bearing TMK (3) 2-1-017-024-0024. STREET ADDRESS: 1911 Kalanianaole Street, Apartment No. 408, Hilo, Hawaii 96720. III. Land Use Designation: County Zoning: RS-10. IV. Improvements: Built in 1972. Two (2) bedrooms, two (2) bath dwelling, containing 1,043 square feet, as per County of Hawaii records. TERMS: The property will be sold “as is” at public auction with NO UPSET PRICE, and with ten percent (10%) of the highest bid payable in cash, certified or cashier’s check at the fall of the hammer; balance is payable upon delivery of documents transferring title; purchaser shall pay all costs of escrow, conveyancing, recordation and conveyance tax, and shall be responsible for securing possession; SALE SHALL NOT BE FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. The purchaser shall pay closing costs, including but not limited to costs of escrow fees, title insurance premiums, conveyance document preparation fees, accrued and unpaid real property, conveyance tax, accrued and unpaid ground rent payments, recordation and costs of securing possession after closing. The ability of the purchaser to secure title insurance shall not be a condition of closing. OPEN HOUSE: Tuesday, August 3, 2021, 11:00 a.m. 1:00 p.m. Saturday, August 7, 2021, 11:00 a.m. 1:00 p.m. No more than ten (10) people will be allowed in the dwelling at a time. All open house participants must follow CDC social distancing and mask requirements. If the Commissioner determines, in his discretion, that it would be imprudent or unsafe to conduct an open house in-person, then the party who obtained a decree of foreclosure may file a motion for instructions or for permission to sell the subject property without open houses. SALE DATE: The lot will be auctioned for sale on Thursday, August 12, 2021, beginning at 12:00 noon, at the front entrance of Hale Kaulike (Hilo Judiciary Complex), 777 Kilauea Avenue, Hilo, Hawaii. Foreclosure auctions shall be conducted following social distancing and face covering guidelines as recommended by the Centers for Disease Control and Prevention RG-AC-508 (6/21) RL (“CDC”). Auction participants and observers must maintain a six-foot physical distance separation and must wear a mask over their nose and mouth (unless a participant or observer has a disability and cannot wear a mask or cannot safely wear a mask, for reasons related to the disability). If the Commissioner determines, in his discretion, that it would be imprudent or unsafe to conduct a public auction, the Commissioner may postpone the auction in accordance with the requirements of HRS ยง 667-20.1. No person shall participate in an auction or open house if they: (1) have a fever, cough, shortness of breath or difficulty breathing, or other symptoms of respiratory illness or of COVID-19; (2) have had close prolonged contact with a person who has or is suspected to have COVID-19; or (3) have traveled outside of Hawai’i in the ten (10) days prior to the auction or open house and have not satisfied the negative test exception to the mandatory self-quarantine period, subject to any subsequent out-of-state travel restrictions imposed through Statewide or County emergency orders, rules, or proclamations. For legal description of property to be conveyed and for further details about the sale, contact James H. Kunimura at the office of ALAN M. OKAMOTO, Commissioner, 187 Kapiolani Street, Hilo, Hawaii 96720 (phone (808) 961-0641); email: james@noyhawaii.com. ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY THE PURCHASER BEFORE BIDDING. ALAN M. OKAMOTO Commissioner (HTH1332917 7/13, 7/20, 7/27/21)