NOTICE OF INTENT TO FORECLOSE LIEN FOR DELINQUENT ASSESSMENTS
AND OF SALE BY PUBLIC AUCTION
NOTICE IS GIVEN that Palm Financial Services, LLC, a Florida corporation (“Palm”) whose address is 215 Celebration Place, Suite 300, Celebration, Florida 34747, pursuant to Hawai’i Revised Statutes §§ 514E-29 and 667-62 through 667-65 and the provisions of the Declaration of Covenants, Conditions, and Restrictions of the Aulani, Disney Vacation Club Villas, Ko Olina, Hawai’i Condominium recorded on April 23, 2010, in the Office of the Assistant Registrar of the Land Court of the State of Hawai’i as Document No. 3957910, and amendments thereto (“Declaration”) as lienholder under a Notice of Liens recorded on (See Exhibit A) in the Bureau of Conveyances of the State of Hawai’i as Document No. (See Exhibit A) (“Lien”) for delinquent maintenance fees, plus interest, late charges, and enforcement costs, in the amount of (See Exhibit A) as of August 24, 2023, intends to foreclose the Lien and will hold a sale by public auction, pursuant to the power of sale contained in the Declaration, upon the property described as ICN (See Exhibit A) and an undivided (See Exhibit A) interest in the Condominium Unit (See Exhibit A) currently owned by (See Exhibit A) at the Aulani, Disney Vacation Club Villas, Ko Olina, Hawai’i Condominium established by the Declaration (“Timeshare Interests”), together with all appurtenances and subject to all encumbrances and restrictions, which property is located at 92-1185 Ali’i Nui Drive, Kapolei, HI 96707 (TMK No. (1) 9-1-057-35).
The sale shall be conducted at: Law Office of Mitzi Lee located at 900 Fort Street Mall, Suite 920, Honolulu, Hawaii 96813 on October 24, 2023 at 11:00AM.
Terms of the sale are: (1) Each of the properties are to be sold separately as an undivided timeshare interest; (2) There will be no open houses; (3) There will be no upset price; (4) The property is being sold without covenant or warranty, express or implied, as to the title, possession, or encumbrances – being sold “AS-IS, WHERE-IS”; (5) The property shall be conveyed by a quitclaim conveyance; (6) Bidders shall register at the time of sale and provide the auctioneer with the vesting information; (7) At the close of the auction, the purchaser shall pay 10% of the highest successful bid price ("Bid") by certified or cashier’s check made payable to Law Office of Mitzi Lee as a non-refundable deposit, which shall be retained by Palm as liquidated damages, and not as a penalty, in the event the purchaser fails to perform as specified herein; (8) Purchaser shall deliver a certified or cashier’s check no later than twenty-one (21) calendar days after the auction for the balance of the Bid, plus all closing costs, including, but not limited to, costs of document drafting, conveyance taxes, recording fees, and other charges; (9) The purchaser shall be responsible for obtaining title insurance, if desired, and the availability of title insurance shall not be a condition of closing; (10) Purchaser is responsible to pay any assessments that may come due pursuant to Hawai’i Revised Statutes § 514B-146; (11) Palm may credit bid up to the amount of the secured indebtedness; (12) The sale may be cancelled or postponed from time to time by public announcement by Palm or someone acting on its behalf; (13) If title is not conveyed for any reason other than the purchaser’s failure to perform, Palm’s sole responsibility shall be the return of Bid funds tendered by purchaser, and Purchaser shall have no further recourse against Palm or its agents, attorneys, or auctioneers; and (14) By submitting a bid, potential purchasers acknowledge reading the terms and conditions set forth in this notice and other notices provided by the auctioneer at the time of sale and agrees to be bound and accepts all terms of the sale.
THE DEFAULT UNDER THE ASSOCIATION DOCUMENTS MAY BE CURED NO LATER THAN THREE BUSINESS DAYS BEFORE THE DATE OF THE PUBLIC SALE OF THE UNIT BY PAYING THE ENTIRE AMOUNT WHICH WOULD BE OWED TO THE ASSOCIATION, PLUS THE ASSOCIATION’S ATTORNEY’S FEES AND COSTS, AND ALL OTHER FEES AND COSTS INCURRED BY THE FORECLOSING ASSOCIATION RELATED TO THE DEFAULT, UNLESS OTHERWISE AGREED TO BETWEEN THE FORECLOSING ASSOCIATION AND THE UNIT OWNER. THERE IS NO RIGHT TO CURE THE DEFAULT OR ANY RIGHT OF REDEMPTION AFTER THAT TIME. IF THE DEFAULT IS SO CURED, THE PUBLIC SALE SHALL BE CANCELED.
UNLESS ALL AMOUNTS DUE AND OWING PURSUANT TO THE NOTICE ARE PAID IN FULL WITHIN THE TIME FRAME PERMITTED BY LAW, YOUR TIMESHARE INTEREST MAY BE SOLD WITHOUT ANY COURT ACTION OR JUDICIAL INTERVENTION.
THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. TO THE EXTENT YOUR ORIGINAL OBLIGATION HAS BEEN DISCHARGED OR IS SUBJECT TO AN AUTOMATIC STAY OF BANKRUPTCY UNDER TITLE 11 OF THE UNITED STATES CODE, THIS NOTICE IS FOR COMPLIANCE AND INFORMATIONAL PURPOSES ONLY OR IS NOTICE OF THE CREDITOR’S INTENT TO ENFORCE A LIEN AGAINST PROPERTY AND IS NOT AN ATTEMPT TO COLLECT A DEBT, A DEMAND FOR PAYMENT, OR AN ATTEMPT TO IMPOSE PERSONAL LIABILITY FOR THAT DEBT.
For further information regarding this sale, you may contact Palm Financial LLC at 800-800-9800, Option 3, or 407-566-3800, Option 3 or Manley Deas Kochalski LLC at 833-867-4275 or 614-220-5611 from 8am to 5pm, (Eastern Time).
Conductor of the public sale in the state of Hawai’i: Law Office of Mitzi Lee, 900 Fort Street Mall, Suite 920, Honolulu, Hawaii 96813
Exhibit A
OWNER: William Brendan Fitzgerald III and Isabel Cristina Hernandez; ICN: 12016222.0 – 19E – 100; INTEREST: 0.2081; UNIT: 19E; LIEN RECORDING DATE: 06/06/2022; LIEN DOCUMENT NUMBER: A-81920815; AMOUNT DUE: $2122.27
OWNER: Takuma Ueno; ICN: 12015856.0 – 19D – 100; INTEREST: 0.2081; UNIT: 19D; LIEN RECORDING DATE: 06/06/2022; LIEN DOCUMENT NUMBER: A-81920815; AMOUNT DUE: $2122.62
OWNER: Mikako Ikeda; ICN: 12020891.0 – 3D – 150; INTEREST: 0.3122; UNIT: 3D; LIEN RECORDING DATE: 06/06/2022; LIEN DOCUMENT NUMBER: A-81920815; AMOUNT DUE: $2742.77
OWNER: Dale Anton Keis and Helen Amaba Keis; ICN: 12034504.0 – 12B – 240; INTEREST: 0.3330; UNIT: 12B; LIEN RECORDING DATE: 06/06/2022; LIEN DOCUMENT NUMBER: A-81920815; AMOUNT DUE: $3858.68
OWNER: Verdelle M. Lambert Rice and Leroy Rice; ICN: 12012780.3 – 17D – 200; INTEREST: 0.4163; UNIT: 17D; LIEN RECORDING DATE: 06/06/2022; LIEN DOCUMENT NUMBER: A-81920815; AMOUNT DUE: $3335.19
OWNER: Verdelle M. Lambert Rice and Leroy Rice; ICN: 12012780.2 – 17D – 200; INTEREST: 0.4163; UNIT: 17D; LIEN RECORDING DATE: 06/06/2022; LIEN DOCUMENT NUMBER: A-81920815; AMOUNT DUE: $3335.19
OWNER: Verdelle M. Lambert Rice and Leroy Rice; ICN: 12012780.1 – 17D – 200; INTEREST: 0.4163; UNIT: 17D; LIEN RECORDING DATE: 06/06/2022; LIEN DOCUMENT NUMBER: A-81920815; AMOUNT DUE: $3335.19
OWNER: Saori Shibata and Hisako Ogawa; ICN: 12011061.0 – 11E – 100; INTEREST: 0.2081; UNIT: 11E; LIEN RECORDING DATE: 06/06/2022; LIEN DOCUMENT NUMBER: A-81920815; AMOUNT DUE: $2177.85
OWNER: Otto Ellis Lewis Jr. and Barbara Lewis; ICN: 12005724.0 – 8J – 320; INTEREST: 0.6660; UNIT: 8J; LIEN RECORDING DATE: 06/06/2022; LIEN DOCUMENT NUMBER: A-81920815; AMOUNT DUE: $4878.09
OWNER: Kosuke Kato and Kimiko Kato; ICN: 12014879.0 – 1D – 50; INTEREST: 0.0693; UNIT: 1D; LIEN RECORDING DATE: 06/06/2022; LIEN DOCUMENT NUMBER: A-81920815; AMOUNT DUE: $1557.87
OWNER: Md Imraz Bin Muhammed Ikhbal and Anna Kafarova; ICN: 12006032.1 – 14F – 110; INTEREST: 0.1526; UNIT: 14F; LIEN RECORDING DATE: 06/06/2022; LIEN DOCUMENT NUMBER: A-81920815; AMOUNT DUE: $2301.91
OWNER: Kazuya Otani and Mutsuko Otani; ICN: 12026409.0 – 10B – 175; INTEREST: 0.2428; UNIT: 10B; LIEN RECORDING DATE: 06/06/2022; LIEN DOCUMENT NUMBER: A-81920815; AMOUNT DUE: $3108.09
OWNER: Toshiyuki Matsunami and Terumi Watanabe; ICN: 12027906.0 – 10G – 110; INTEREST: 0.2289; UNIT: 10G; LIEN RECORDING DATE: 06/06/2022; LIEN DOCUMENT NUMBER: A-81920815; AMOUNT DUE: $2301.91
OWNER: Yuri Fujita and Yumi Kawamoto; ICN: 12016383.0 – 17C – 100; INTEREST: 0.2081; UNIT: 17C; LIEN RECORDING DATE: 06/06/2022; LIEN DOCUMENT NUMBER: A-81920815; AMOUNT DUE: $2177.85
OWNER: Glen B. Robinson and Georgia M. Robinson; ICN: 11005004.1 – 21E – 180; INTEREST: 0.3746; UNIT: 21E; LIEN RECORDING DATE: 06/06/2022; LIEN DOCUMENT NUMBER: A-81920815; AMOUNT DUE: $3764.07
OWNER: Giancarlo Alabastro Asong; ICN: 12014655.0 – 15A – 100; INTEREST: 0.2157; UNIT: 15A; LIEN RECORDING DATE: 06/06/2022; LIEN DOCUMENT NUMBER: A-81920815; AMOUNT DUE: $2122.27
OWNER: Rohan J. Dudley; ICN: 12010469.0 – 1B – 220; INTEREST: 0.4579; UNIT: 1B; LIEN RECORDING DATE: 10/12/2022; LIEN DOCUMENT NUMBER: A-83200679; AMOUNT DUE: $2724.47
OWNER: Niutunu A. Faiupu; ICN: 12006372.0 – 8F – 100; INTEREST: 0.1387; UNIT: 8F; LIEN RECORDING DATE: 10/12/2022; LIEN DOCUMENT NUMBER: A-83200679; AMOUNT DUE: $1600.97
OWNER: Michael J. Faustino; ICN: 12000595.0 – 10J – 160; INTEREST: 0.222; UNIT: 10J; LIEN RECORDING DATE: 10/12/2022; LIEN DOCUMENT NUMBER: A-83200679; AMOUNT DUE: $1754.46
(SA14300775 9/25, 10/02, 10/09/23)
