Hawaii Tribune-Herald
Notice #: 0001399989-01

NOTICE OF COMMISSIONER’S SALE BY AUCTION COURT ACTION: New Residential Mortgage LLC v. Zachary Gardner, et al.; Case No. 3CC121000648; Third Circuit Court, State of Hawaii PROPERTY DESCRIPTION: TMK (3)-1-5-040-006, located on that certain fee simple parcel of land situate at Keaau, District of Puna, Island, County and State of Hawaii, being Lot 125, in Block 6, as shown on Map 57 filed with 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; .8 acre, more or less. LOCATION/DIRECTIONS: 15-1584 Railroad Avenue, Keaau, Hawaii. From Hilo, take HI- 11/Hawaii Belt Road towards Volcano. Use the left 2 lanes to turn left onto HI-130/Keaau Pahoa Bypass Road. Continue on the HI-130 for 6.4 miles. Turn left onto Paradise Drive for 1.7 miles, then turn right onto Railroad Avenue for .2 miles. The property will be on the right. IMPROVEMENTS: Single-family residence built in 2007, 2,164 sq. ft. living area; 6 rooms, including 3 bedrooms, 2 full baths, with attached garage. OPEN HOUSES: No open houses will be scheduled. Any inspection should be done from a distance and at your own risk. Please contact Commissioner before attempting to inspect the property. DATE AND TIME OF AUCTION: Wednesday, February 1, 2023, at 12:00 noon PLACE OF AUCTION: Entrance of the Judiciary Complex (Hale Kaulike), 777 Kilauea Avenue, Hilo, HI 96720. TERMS OF SALE: No upset price. The property will be sold “as is” to the highest bidder at public auction. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY COURT. The highest bidder is required to make a down payment in cash, by certified or cashier’s check at the time of auction in the amount of TEN PERCENT (10%) of the highest bidded price. The down payment may be subject to forfeiture if the successful bidder fails to pay the remaining balance of the bid, fails to complete the transaction in a timely manner, or as otherwise ordered by the Court. The balance of the price shall be paid in cash, certified or cashier’s check to the Commissioner upon approval and confirmation of the sale by the Court and tender of the document transferring title. Costs of conveyance, including conveyance tax, costs of any escrow, securing possession of the subject property, and recording of such conveyance, shall be at the expense of such successful purchaser. ADDITIONAL INFORMATION: Contact Raymond K. Hasegawa, Esq., Commissioner, 688 Kinoole Street, Suite 203, Hilo, Hawaii 96720; phone: (808) 935-5732; fax: (808) 935-7120; email: haseoffice@hawaiiantel.net (HTH1399989 1/3, 1/10, 1/17/23)