NOTICE OF FORECLOSURE SALE
Unit 2X Kulana Condominium
Kapaa, HI 96746
Tax Map Key (4) 4-3-011-001-0017
PROPERTY DESCRIPTION: The property is an undeveloped lot consisting of an area of 7.7110 acres This is a unit in the Kulana Condominium.
FORECLOSURE SALE INFORMATION: This property is being sold pursuant to order entered in Civil No. 5CCV-21-103 Department of Finance, County of Kauai vs. AOAO OF KULANA, a Hawaii Condominium Association et al on June 7, 2023.
COMMISSIONER: Michael D. Scarbo has been appointed Commissioner to sell the property. The Commissioner’s address, telephone number, fax and email are as follows: Michael D. Scarbo, 4442 Hardy St, Ste. 201, Lihue, HI 96766, C: (808) 634-4577, P:(808) 246-8884, fax (808) 564-0093, email: mike@jmlawhawaii.com.
AUCTION DATE: A public auction will be held on Friday, September 15, 2023 at 12:00 p.m., noon, at the front steps of the Fifth Circuit Courthouse, 3970 Ka`ana Street, Lihue, Hawaii.
OPEN HOUSE: Open houses will be held on Sunday August 20, 2023 from 1pm to 3pm and Sunday, August 27, 2023 from 1pm to 3pm
TERMS OF SALE: The property is being sold “as is.” Any prospective purchaser must make their own inquiry and use due diligence regarding every aspect of the property. There is no upset price. The sale of the property will 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 conveyance of the property by the Commissioner, to be within thirty (30) days after the confirmation of the sale by the Court, or as otherwise ordered by the Court. The purchaser shall be responsible for securing possession of the property upon conveyance by the Commissioner. The availability of title insurance and cost of securing possession of the property shall not be a condition to closing. At the Court’s discretion, the 10% down payment may be forfeited in fill or in part if the successful bidder shall fail to pay the balance of the purchase price as and when 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 Court confirmation, and at the
confirmation hearing the court will also allow reopening of the auction by accepting higher bids, the first of which must be at least one hundred five percent (105%) of the highest bid at the Commissioner’s sale.
SALE SHALL BE SUBJECT TO FINAL COURT CONFIRMATION AND APPROVAL. ALL OF THE FOREGOING SHOULD BE INDEPENDENTLY CONFIRMED BY INTERESTED PARTIES.
FURTHER INFORMATION: For further information, contact the Commissioner.
(TGI1426116 8/10, 8/17, 8/24/23)
