NOTICE OF FORECLOSURE SALE
FEE SIMPLE PROPERTY
3880 WYLLIE ROAD, APARTMENT 9B
PRINCEVILLE, KAUAI, HAWAII 96722
KAUAI TAX MAP KEY NO. (4)-5-4-005-018-0033
PROPERTY DESCRIPTION: Condominium located at 3880 Wyllie Road, Apartment 9B, Puamana, Princeville, Kauai, Hawaii, 96722, Kauai Tax Map Key No. (4)-5-4-005-018-0033. There is 1,532 square feet of living area with 2 bedrooms and 2 baths.
FORECLOSURE SALE INFORMATION: This property is being sold pursuant to order entered in an action filed in Fifth Circuit Court, State of Hawaii [WILMINGTON SAVINGS FUND SOCIETY et. Al. vs. ROBERT S. MONTGOMERY et. al.—Civil No. 15-1-0019]. That order provides that the property be sold at public auction with no upset price to the highest bidder.
COMMISSIONER: Frank D. Rothschild has been appointed Commissioner to sell the property. The Commissioner’s address, telephone and e-mail address are as follows:
Frank D. Rothschild
4920 Wailapa Road
Kilauea, Kauai, Hawaii 96754
Telephone (808) 828-1922
AUCTION DATE: A public auction will be held on November 28, 2017, at 12:00 p.m., noon, at the front steps of the Fifth Circuit Court Building, 3970 Ka’ana Street, Lihue, Kauai, Hawaii 96766.
OPEN HOUSE: The Commissioner will conduct two (2) open houses; November 11, 2017 from 10:00 a.m. to 12:00 noon, and November 18, 2017 from 2:00 p.m. to 4:00 p.m. For those unable to attend, the Commissioner is willing to coordinate showings at times convenient to all of the parties involved. Please call the Commissioner to arrange any such showings.
GENERAL TERMS OF SALE: The property is being sold "as is, where is". There is no upset price. The sale of the leasehold interest in the property is to be at public auction to the highest bidder. The successful bidder must pay ten percent (10%) of the highest bid in cash, money order, certified or cashier’s check, payable to the Commissioner at the close of the auction. Potential bidders shall be required to provide proof of ability to comply with the 10% bid requirement prior to participating in the auction. The balance of the purchase price is due upon the approval and confirmation of the sale by the Court, or as otherwise ordered by the Court. At the Court’s discretion, the 10% down payment may be forfeited in full or in part if the successful bidder shall fail to pay the balance of the purchase price as and when required. In no event shall the successful bidder be liable for damages greater than the forfeiture of the 10% down payment. The Purchaser shall pay all costs of closing, including escrow, conveyancing and recordation fees, conveyance taxes and any and all other costs and fees. The Purchaser shall be responsible for securing possession of the property upon recordation and all costs associated therewith (including eviction, if necessary). THE SALE SHALL BE SUBJECT TO FINAL COURT CONFIRMATION AND APPROVAL.
ASSESSED VALUE/TAXES/FEES: The County of Kauai assessed value for 2017 is $371,900. Taxes are current.
EXISTING ENCUMBRANCES: There is an existing Note on the property in favor of Wilmington Savings Fund Society. Pursuant to court order, Wilmington Savings Fund Society was awarded a judgment on said Note in the amount of $296,000.00, plus interest of $121,791.67 as of March 31, 2017, plus late charges of $77.08, property preservation of $221.00, for a total judgment of $418,089.75, plus per diem interest in the amount of $51.39 per day after April 1, 2017, together with other accruing costs, interest, expenses, late fees, other charges and attorney’s fees. ALL OF THE FOREGOING SHOULD BE INDEPENDENTLY CONFIRMED BY INTERESTED PARTIES.
FURTHER INFORMATION: For further information, contact the Commissioner.
(TGI1039433 10/19, 10/26, 11/2/17)