Hawaii Tribune-Herald
Notice #: 0001335381-01

NOTICE OF FORECLOSURE SALE Pursuant to the FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AGAINST ALL DEFENDANTS AND FOR INTERLOCUTORY DECREE OF FORECLOSURE filed July 12, 2021 in Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2007-RFC1, Asset-Backed Pass-Through Certificates vs. Marshall D. Chinen, Esq. as Personal Representative of the Estate of Drake Allen David et al., Civil No. 3CCV-20-0000084, Circuit Court of the Third Circuit, State of Hawai’i, the Commissioner will sell at public auction the following: PROPERTY DESCRIPTION: TMK (3) 1-1-017-011-0000 consisting of a .2296 acre, more or less, lot per the records of the County of Hawaii Real Property Tax Office upon which is located a single-story 3BR, 1 bath, 880 sq. ft, dwelling with an effective year built date of 1972. PROPERTY ADDRESS: 11-3202 Pa Alii Street, Volcano, Hawaii 96785 OPEN HOUSES: Open houses will be held from 11:00 to 1:00 p.m. on Saturday, July 31, 2021 and again on Sunday, August 8, 2021. Property condition is poor. Viewing photos at HawaiiLawyerOnline.com is recommended before attending. PUBLIC AUCTION DATE: Public auction will be held on Monday, August 23, 2021 at 12:00 p.m. at the front entrance of Hale Kaulike (aka the “Hilo Courthouse”), 777 Kilauea Avenue, Hilo, Hawaii 96720. Protocols to curtail transmission of COVID-19 to be observed as required by law or court orders in effect as of the date of the auction. COVID-19 PROTOCOLS: Pursuant to the FIRST AMENDED EMERGENCY ORDER #6 REGARDING FORECLOSURE CASES FILED IN THE CIRCUIT COURT OF THE THIRD CIRCUIT filed June 4, 2021 in 3CSP-20-0000022, 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). No person shall participate in an auction 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 out-of-state travel restrictions imposed through Statewide or County emergency orders, rules, or proclamations. Protocols may change by the auction date for this sale. Protocols in effect are posted at www.HawaiiLawyerOnline.com or contact the Commissioner to confirm current protocols prior to the auction date. TERMS AND METHODS OF SALE: The property will be sold “AS IS” to the highest bidder at public auction with no upset price. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. The highest bidder for the property is required to make a down payment in cash, certified check, or cashier’s check at the time of the bid in an amount equal to ten percent (10%) of the bid price. The balance of the price shall be paid in cash, certified check, or cashier’s check to the Commissioner after approval and confirmation of the sale 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, conveyance tax, recordation and costs of securing possession after closing. The ability of the purchaser to secure title insurance shall not be a condition of closing. FOR FURTHER INFORMATION: Contact Commissioner Robert K. Allen, Esq., P.O. Box 10190, Hilo, HI 96721. EMAIL: HawaiiLawyer@hawaii.rr.com. TEL: 935-3334. Photos and information at www.HawaiiLawyerOnline.com. (HTH1335381 7/23, 7/30, 8/6/21)