The Garden Island
Notice #: 0001449950-01
Foreclosures

NOTICE OF REAL PROPERTY PARTITION SALE BY PUBLIC AUCTION

Pursuant to the “Order Granting Plaintiff’s Motions for: (1) Partition Auction of Subject Property; and (2) Default Judgment As to Count V of Plaintiff Complaint, Filed on October 30, 2017,” filed on March 18, 2023 in Roberson v. Ah Nee, et al., Civil No. 17-1-0335K, and case number 3CC17100335K, in the Third Circuit Court of the State of Hawaii, the Partition Commissioner identified below has been directed to sell the following property at a public auction.

DESCRIPTION: A parcel of real property identified as a portion of Apana 1 of Royal Patent 3022, being the ‘ili of ‘Elepaio, situate in Honokohau 2, District of North Kona, Island and State of Hawaii, further designated within a portion of Tax Map Key No. (3) 7-4-005-004 (hereinafter “Property”). County of Hawaii real property tax information for the Property identifies the land as zoned Agricultural, and its contains 12.471 by metes and bounds description. No known improvements exist on the Property which appears vacant and overgrown with vegetation. Efforts to obtain title insurance for the Property has been unsuccessful.

OPEN HOUSES: None, and no access to the Property will be allowed.

AUCTION: Wednesday, May 1, 2024 at 12:00 noon at the Keahoulu Courthouse, 74-5451 Kamakaeha Ave, Kailua Kona HI 96740, to the east of the "Ho’o Pohaku" sculpture in the shade near the northwest corner of the building.

TERMS OF SALE: No upset price. Property is sold in “as is, where is” condition with no warranty of title or any other warranty with not less than ten percent (10%) of the highest successful bid price deposited with the Commissioner at the close of auction, and pa, 4/19yment to be made in cash, certified or cashier’s check. Potential bidders must be able to provide proof of their ability to comply with the 10% bid requirement prior to participating in the public auction. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale by the Third Circuit Court and tender of the document(s) transferring title, with payment to be in cash, certified or cashier’s check. All costs and expenses of securing possession of the Property and closing, including conveyance and recordation fees and conveyance taxes, shall be paid by the successful purchaser. The successful purchaser may request the use of an escrow, but will be responsible for escrow costs, if any. Sale subject to court confirmation. For further information contact the Commissioner: Daniel S. Peters, Esq., 74-540 Honokohau Street, Kailua-Kona, Hawaii 96740, Telephone: (808) 331-1199, email: daniel@danielspeters.com
(SA1449950 3/29, 4/5, 4/12, 4/19/24)