Hawaii Tribune-Herald
Notice #: 0001337483-01

NOTICE OF FORECLOSURE SALE 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, filed on January 11, 2021 in Ditech Financial LLC v. Tayde Soto, et al., Civ. No. 17-1-0175, Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner will sell the following described property at public foreclosure sale on the date and at the time set forth below. PROPERTY DESCRIPTION: Real Property situate at Keaau, Puna, Island and County of Hawaii, State of Hawaii, being Lot 198, area 20,000 square feet, more or less, as shown on Map 12, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 1053 (amended) of W. H. Shipman, Limited, and further identified as TMK:(3)-1-1-007-088, address 11-3784 2nd Street, Volcano, Hawaii 96785. The house is of double-wall wood frame construction, post and pier foundation, two story, with a corrugated iron roof. The house contains three bedrooms and two bathrooms. The area under roof is 1,542 square feet. The house was constructed in 2007. TERMS OF SALE: The property will be sold “as is” at public auction with no upset price. The successful bidder at the auction shall make a down payment to the Commissioner in an amount not less than ten percent of the successful bid price, such payment to be made at the close of the auction in cash, cashier’s check or certified check. Prior to bidding, interested parties must show the Commissioner their ability to make the required down payment, in such form as aforesaid, immediately upon close of the bidding. At the Court’s discretion, the ten percent down payment may be forfeited in full or in part if the successful bidder fails to timely close. The balance of the successful bid price shall be paid to the Commissioner upon approval and confirmation of the sale. All costs and expenses of closing shall be paid by purchaser, 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 purchaser to secure title insurance or financing shall not be a condition of closing. SALE SHALL NOT BE FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. OPEN HOUSE: Sunday, August 15 and 29, 2021, from 10:00 a.m. to 12:00 noon. SALE DATE: Tuesday, September 14, 2021, 12:00 noon, at the front entrance to the Hale Kaulike Courthouse Building, 777 Kilauea Avenue, Hilo, Hawaii. COMMISSIONER: Stephen J. Menezes, 441 Kipuni Street, Hilo, Hawaii 96720; Telephone (808)934-8916. (HTH1337483 8/13, 8/20, 8/27/21)