The Garden Island
Notice #: 0001371739-01

TMK: (4) 2-6-016-025-0000

PROPERTY DESCRIPTION: 10,000 sq ft vacant lot in Kukui’ula Residential
Subdivision, Phase 1. Classified as Residential.
FORECLOSURE SALE INFORMATION: This property is being sold pursuant to an order entered in an action filed in Fifth Circuit Court, State of Hawaii.
COMMISSIONER: Gregory H. Meyers has been appointed Commissioner to sell the property. The Commissioner’s address, telephone number, and e-mail
address are as follows:
Gregory H. Meyers, Esq.
4442 Hardy Street, Suite 206
Lihue, Kauai, Hawaii 96766
Telephone: (808) 245-6688
AUCTION DATE: A public auction will be held on Friday, June 17, 2022, at 12:00 p.m., noon, at the front steps of the Fifth Circuit Court Building, 3970 Kaana Street, Lihue, Kauai, Hawaii 96766
OPEN HOUSE: The Commissioner will conduct two (2) open houses; Saturday, June 11, 2022 from 9:00 a.m to 12:00 p.m., and Sunday, June 12, 2022 from 1:00 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 such showings.
GENERAL TERMS OF SALE: The property is being sold “as is” without any representations or warranties whatsoever as to title or possession, and by way of quitclaim conveyance. There is no upset price. The sale of the fee simple interest in the properties is to be at public auction to the highest bidder. The successful bidder must pay ten percent (10%) of the highest bid in cash, 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 to the Commissioner upon the approval and confirmation of the sale by the Court or as otherwise ordered by the Court. The name of the Court case is BMO Harris Bank, N.A. v. William Dode Martin, II, et. al., Civil No. 19-1-0076 (JRV). 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. 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. The sale shall be subject to final Court confirmation and approval.
ASSESSED VALUE/TAXES: The County of Kauai’s 2021 assessed value for the lot is $741,800.00 The current annual real property taxes are $7,109.40. The monthly maintenance fee is $1,185.00 plus a monthly vacant lot mowing fee of $110.00. There is also monthly club dues of $1,453.03.
EXISTING ENCUMBRANCES: The sale shall be subject to a lien, if any, for unpaid real property taxes, six (6) months worth of unpaid regular monthly common assessments, and is being foreclosed on by BMO Harris Bank, N.A., first mortgage lienholder. All prospective purchasers should complete their own due diligence prior to bidding.
FURTHER INFORMATION: For further information, contact the Commissioner.
(TGI1371739 5/13, 5/20, 5/27/22)