Hawaii Tribune-Herald
Notice #: 0001435166-01

NOTICE OF FORECLOSURE SALE COURT ACTION: PLAZA HOME MORTGAGE, INC. V. MARSHALL D. CHINEN, ESQ. AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MELVIN KEALO KAHALEHOE JR., DECEASED ET AL., Civil No. 3CCV-22-0000331, Third Circuit Court, State of Hawaii. PROPERTY DESCRIPTION: All of those certain parcel of land situate at Keaau, District of Puna, Island and County of Hawaii, State of Hawaii, described as follows: -PARCEL FIRST:- Lot 2952, area 1.020 acre, more or less, Block 7, as shown on Map 58, 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. -PARCEL SECOND:- An undivided 1/5750 interest in Lots 60, 62, 8297, 8363, 8385, 8387 and 3115 in Block 7, and Lot 1 in Block 10; as shown on Maps 10, 55, 56, 57, 58 and 65, respectively, of said land Court Application No. 1053 (amended); and Lot 4-B, as shown on Map 2 of Land Court Application No. 1689 of W.H. Shipman, Limited, to be used in common with others entitled thereto, for roadway and utility purposes only. Being the property described in and covered by Transfer Certificate of Title No. 1,049,972. TAX MAP KEY: (3) 1-5-056-002 PROPERTY ADDRESS: 15-1839 1st Avenue, Keaau, HI 96749 SITE IMPROVEMENTS: Three bedroom, two bath dwelling (1576 square feet). Built in 1979. AUCTION: Date: Thursday, December 14, 2023 Time: 12:00 p.m. (noon) Place: Front entrance of Hale Kaulike (State Judiciary Building), 777 Kilauea Avenue, Hilo, Hawaii. TERMS OF SALE: The property shall be sold in an “AS IS” condition without any representations or warranties whatsoever as to title or possession and by way of a quitclaim conveyance upon the following terms: No upset price. Upon fall of the hammer, the successful bidder shall pay a down payment to the Commissioner, by cash or certified check, in an amount not less than ten percent (10%) of the successful bid price, with the exception of Plaintiff, who may use the amount of its secured indebtedness as the required ten percent (10%) down payment. The Commissioner shall accept the highest bid made at the foreclosure sale. Prior to bidding, interested parties must show the Commissioner their ability to make the required down payment, in such form as aforesaid, immediately upon the close of the bidding. At the Court’s discretion, the 10% down payment may be forfeited in full or in part if the purchaser(s) fail to pay the balance of the purchase price as hereinafter set forth. In no event shall the purchaser(s) be liable for damages greater than the forfeiture of the ten percent (10%) down payment. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale, provided that the Plaintiff may satisfy the balance of the purchase price by way of offset up to the amount of its secured debt if Plaintiff is the purchaser at the Commissioner’s sale. A further hearing shall be held in this action to consider confirmation of the Commissioner’s sale. In the event the Commissioner or the Court determines that it would be appropriate to reopen bidding in Court at the hearing to confirm sale, such reopened court bidding will be allowed on the condition that any such reopened court bid is at least five percent (5%) higher than the highest bid received at public auction. If the purchaser is a third party (not the plaintiff), the Commissioner shall open escrow at a licensed escrow company in the State of Hawaii to close the foreclosure sale of the property. The purchaser shall pay all costs and expenses of closing, including, but not limited to the following: costs of escrow fees, title insurance premiums, conveyance document preparation fees, prorated real property and conveyance tax, recordation and costs of securing property after closing. The inability of the purchaser to secure title insurance or financing shall not be condition of closing. The public sale may be either postponed or canceled by the Commissioner. The sale shall not be final until approved and confirmed by the Court. VIEWING: Saturday, November 18, 2023 9:00 a.m. to 11:00 a.m. Saturday, December 2, 2023 9:00 a.m. to 11:00 a.m. FOR MORE INFORMATION CONTACT: Aaron S. Y. Chung, Commissioner P.O. Box 11458 Hilo, Hawaii 96721 Phone: (808)937-4772 Email: aaronchunghilo@gmail.com (HTH1435166 11/12, 11/19, 11/26/23)