The Garden Island
Notice #: 0001201268-01

KAUAI TAX KEY NO.: (4) 3-8-009-0

PROPERTY DESCRIPTION: Lot 9 of the "LIHUE TOWN TRACT CAMP ‘A’", portion of File Plan 588, filed in the Bureau of Conveyances, State of Hawaii, containing a total of 7,500 square foot. According to the County Real Property Tax Division, the property contains a single story three bedroom, one bathroom dwelling of approximately 2,365 square foot together. The subject property is zoned residential (R-6) and is currently serviced by the County of Kauai sewer system.

INTEREST TO BE SOLD: The fee simple interest is being sold.

FORECLOSURE SALE INFORMATION: The property is being sold pursuant to an order entered in an action entitled Citibank, N.A. as Trustee for American Home Mortgage Assets Trust 2006-4 Mortgage-Backed Pass Through Certificates, Series 2006-4 vs. Priscilla H. Akana, Bank of Hawaii, et al., Civil No. 17-1-0032 JKW, Fifth Circuit Court, State of Hawaii. That order provides that the property be sold at public auction in an "As Is" condition with no upset price to the highest bidder.

COMMISSIONER: Jonathan J. Chun is the court-appointed Commissioner directed to sell the property. The Commissioner’s address and phone number is:

Jonathan J. Chun
Belles Graham LLP
4334 Rice Street, Suite 202
Lihue, Kauai, Hawaii 96766
Telephone: (808) 245-4705, ext. 230
Facsimile: (808) 245-3277

AUCTION DATE: A public auction will be held on Friday, June 7, 2019, 12:00 p.m., noon, at the front steps of the Judiciary Building located at 3970 Kaana Street, Lihue, Kauai, Hawaii 96766.

OPEN HOUSES: Wednesday, June 5, 2019 and June 12, 2019, 12:00 p.m. to 2:00 p.m.

GENERAL TERMS OF SALE: The property is being sold "As Is", subject to a senior mortgage lien. There is no upset price. The sale of the fee simple interest in the property shall be at public auction to the highest bidder. The successful bidder must pay ten percent (10%) of the highest bid in cash, certified check or cashier’s check, payable to "Jonathan J. Chun, 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(s) shall pay all costs of closing, including escrow, conveyancing and recordation fees, conveyance taxes and any and all other costs and fees. The Purchaser(s) shall be responsible for securing possession of the property upon recordation and all costs associated therewith. The sale shall be subject to final court confirmation and approval.

FURTHER INFORMATION: For further information, contact the Commissioner at the address noted above.


ASSESSED VALUES: The County of Kauai’s assessed value for tax year 2019 is $510,200.00 (current records do not break down the assessments for the land and for the buildings).

MORTGAGE DEBTS: As of April 30, 2019, Citibank, N.A. as Trustee for American Home Mortgage Assets Trust 2006-4 Mortgage-Backed Pass Through Certificates, Series 2006-4, the Plaintiff in the foreclosure action, was owed $629,106.34 (principal of $413,322.40, interest through April 30, 2019 of $193,744.89, plus interest which continues to accrue from and after April 30, 2019 at the per diem rate of $74.62, plus additional late fees, further advances, expenses and attorney’s fees and costs. Bidders are informed the sale is subject to a prior senior mortgage lien held by Bank of Hawaii. As of April 30, 2019, approximately $57,989.81 is due Bank of Hawaii under its mortgage. The mortgage debt is to be satisfied (in whole or in part) out of the proceeds of the sale of the property by the Commissioner.
(TGI1201268 5/29, 6/5, 6/12/19)