NOTICE OF AOUO’S NON-JUDICIAL FORECLOSURE UNDER POWER OF SALE
Foreclosing Party: AOUO Nohona at Kapolei (“AOUO”), as Lienholder, under and pursuant to Sections 514B-146 and 667-91 through 667-104 HRS, as amended.
Foreclosing Lien Information: That Certain Notice of Lien for Unpaid Assessments and/or Fees, filed on June 22, 2017 with the Office of the Assistant Registrar of the Land Court for the State of Hawaii as Land Court Document No. T-10034181.
Delinquency: Unpaid balance as of November 27, 2018: $36,320.97. Opening Bid: $1.00
Property Description: Address: 91-1175 Kaiau Avenue, Unit #906, Kapolei, Hawaii 96707; Current Owner: Irene Dimaya Ines, wife of Ray Ilar Ines, and Esmenia Guillermo Dimaya, wife of Fedelino Tabucbuc Dimaya, Sr., as Joint Tenants, as Fee Owner; Description of Unit: (3 BR, 2.5 BA, 1,105 s.f. living area); T.M.K.: (1) 9-1-016-145, C.P.R. No. 0059, Unit No. 906; Maintenance Fees (2018): $336.55 per month, water charges based on actual use; Taxes: 2018 Real Property Tax: $645.40, semi-annual.
List of Prior/Junior Creditors: Pennymac Loan Services, LLC; Secretary, Department of Housing and Urban Development, his or her successors and assigns; Villages of Kapolei Community Association.
THERE WILL BE NO OPEN HOUSES.
PUBLIC AUCTION: Wednesday, February 6, 2019, at 12:00 noon; 415 S Beretania St., Honolulu, HI 96813, rotunda area on the steps leading down to the Queen Liliuokalani Statue.
Terms and Conditions: NO upset price. Property is being sold strictly “AS IS” and “WHERE IS” condition, unfurnished, without personal property, at public auction with 10% of the highest bid payable in cash, certified or cashier’s check at close of auction, balance payable upon delivery of title. Potential bidders must be able to provide proof of ability to comply with 10% bid requirement prior to participating in the public auction. Buyer shall pay all costs of closing including escrow, conveyance and recording fee, and conveyance taxes, and is responsible for securing possession of the property upon recordation.
The sale by auction is “subject to” any liens for taxes and governmental assessments against the Property, if any, and any lender’s mortgage recorded prior to the recordation of the AOUO’s lien, to the extent the mortgage is valid and then only to the extent of sums due thereunder. The property is sold without any warranty of title or any other warranty of title, or any other warranty. Said property HAS ENCUMBRANCES. Property is to be conveyed by AOUO’s quitclaim conveyance and upon performance by Purchaser, no later than 21 days after payment of all costs related to the sale. Purchaser is responsible for all title insurance; however, availability of title or other insurance shall not be a condition of closing. PURCHASER SHALL BE RESPONSIBLE FOR OBTAINING POSSESSION AFTER CLOSING. Any delay in performance by the Purchaser which prevents the closing from occurring within 45 days after the auction shall cause AOUO to sustain damages in amounts which will be difficult to ascertain. In the event that the sale does not close because of any delay in performance by Purchaser as herein stated, the 10% down payment may be retained by AOUO as liquidated damages and not as a penalty. AOUO’s sole liability shall be the return of the bid funds tendered by Purchaser. Purchaser shall have no further recourse against AOUO, or its officers, members, directors, agents, attorneys, servicers and auctioneers. Finally, the sale may be postponed from time to time by public announcement made by the AOUO or someone acting on its behalf.
“THE DEFAULT MAY BE CURED NO LATER THAN THREE BUSINESS DAYS BEFORE THE DATE OF THE PUBLIC SALE OF THE UNIT BY PAYING THE ENTIRE AMOUNT THAT WOULD BE OWED TO THE AOUO UP TO THE DATE OF PAYMENT, PLUS THE AOUO’S ATTORNEY’S FEES AND COSTS, AND ALL OTHER FEES AND COSTS INCURRED BY THE FORECLOSING AOUO RELATED TO THE DEFAULT, UNLESS OTHERWISE AGREED TO BETWEEN THE AOUO AND THE UNIT OWNER. THERE MAY BE A RIGHT OF REDEMPTION PURSUANT TO HAWAII REVISED STATUTES SECTION 667-92(f)(2). IF THE DEFAULT IS SO CURED, THE PUBLIC SALE SHALL BE CANCELLED. THERE IS A ONE YEAR RIGHT OF REDEMPTION SUBJECT TO ANY APPLICABLE TOLLING PROVIDED FOR IN 50 U.S.C. 526(b). IF THE DEFAULT IS SO CURED, THE PUBLIC SALE SHALL BE CANCELLED.”
Public sale shall be conducted by Christopher Shea Goodwin AAL LLLC, attorneys for the AOUO, 737 Bishop Street, Suite 1640, Honolulu, HI 96813. Tel: 808-531-6465.