NOTICE OF FORECLOSURE SALE
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-4
vs. ALISON TILLEY, et al.
Civil No. 13-1-0077 (JRGBV)
CIRCUIT COURT OF THE FIFTH CIRCUIT
5-7275 Kuhio Hwy, Hanalei, Kauai, Hawaii
TAX MAP KEY: (4) 5-8-009-003-0000
PROPERTY DESCRIPTION: Fee simple interest in a 4-bd, 4-bth dwelling with approximate living area 2,292 square feet, lot area approximately 11,250 square feet (all description per County of Kauai property tax records)
OPEN HOUSES: Saturday and Sunday August 3 and August 4 from 10 am- 1 pm
AUCTION DATE: Thursday August 22, 2019,
at 12:00 noon,
AUCTION PLACE: Fifth Circuit Court Building (front steps) 3970 Ka`ana Street, Lihue, Kauai, Hawaii 96766
TERMS OF SALE: There is no upset price. The sale of the fee simple interest in the property is to be at public auction to the highest bidder. The successful bidder must pay a minimum often percent (10%) of the highest bid in cash, money order, certified check or cashier’s check, payable to Lisa R. Arin, Commissioner, at the close of the auction. Potential bidders shall be required to provide proof of ability to comply with the minimum 10% bid requirement prior to participating in the auction. The property is being sold "AS IS", ‘WHERE IS", without warranties. Conveyance will be by Commissioner’s Deed. The balance of the purchase price is due upon conveyance of the property by the Commissioner, to be within thirty (30) days after confirmation of the sale by the Court. The purchaser shall pay all costs of closing, escrow (whether required by the Court or the purchaser), conveyancing, title insurance, recordation, and conveyance taxes. The purchaser shall be responsible for securing possession of the property upon conveyance by the Commissioner. The purchaser may be liable for any AOAO and HOA fees pursuant to HRS 514B-146, for the preceding 6 months. The availability of title insurance and cost of securing possession of the property shall not be a condition to closing. At the discretion of the Court, the 10% down payment may be forfeited in full or in part if the purchaser shall fail to pay the balance of the purchase price as required, but in no event shall the purchaser be liable for damages greater than the forfeiture of the 10% down payment.
THE SALE IS SUBJECT TO FINAL COURT CONFIRMATION AND APPROVAL.
For further information contact:
Lisa R. Arin, Commissioner
P.O. Box 1916, Kapaa, Hawaii 96746
Phone: (808) 346-0144 Efax: 1-808-441=0093
Purchaser is solely responsible for determining property condition, boundaries, tax status and zoning requirements. No representations or warranties are made regarding any of the foregoing. Purchaser should conduct an independent investigation into these matters.
(TGI1216789 7/19, 7/26, 8/02/19)