CASE NAME: SIWELL INC. DBA CAPITAL MORTGAGE SERVICES OF TEXAS VS. RHONDA AILEEN ALBINO; ORCHIDLAND COMMUNITY ASSOCIATION; PORTFOLIO RECOVERY ASSOCIATES, LLC; AND DOES 1 THROUGH 20, INCLUSIVE.
NOTICE:The information provided here is for the benefit of interested persons but the Commissioner does not warrant the accuracy of the information. Persons interested in bidding should do their own independent investigation.
LOCATION OF PROPERTY: 16-1631 40th Avenue, Keaau, Hawaii (Orchidland Estates Subdivision)
TMK: (3) 1-6-012-011-0000
DESCRIPTION: A 3.003 acre, more or less, lot per the records of the County of Hawaii Real Property Tax Office upon which is located a single-story, 2 bedroom, 1 bath, 896 sq. ft. house built in 1992. The property is occupied. Please do not disturb the occupants.
OPEN HOUSES: No open houses by order of the Court.
AUCTION: Monday, Decenber 16, 2024 at 12:00 p.m. at the front entrance of Hale Kaulike (aka the "Hilo Courthouse"), 777 Kilauea Avenue, Hilo, Hawaii 96720.
Hale Kaulike
CONFIRMATION HEARING DATE: To be announced.Plaintiff's counsel will file a motion to confirm the sale after the auction. The filing typically happens within 10-14 days of the auction. At that time a hearing date will be obtained and the particulars posted here.
CONFIRMATION HEARING LOCATION: The hearing will be before the Hon. Henry T. Nakamoto in his courtroom at Hale Kaulike, 777 Kilauea Avenue, Courtroom 3D (3rd Floor), Hilo, Hawaii.
WHAT HAPPENS AT THE CONFIRMATION HEARING: Judge Nakamoto, the presiding judge in this matter, will decide at the hearing whether the bid at the auction will be accepted as the sales price. Bidding may be re-opened at the confirmation hearing. An opening bid of 5% more than the bid obtained at the auction is usually required. A successful bidder must deposit 10% of the bid with the Commissioner. If you have any questions about the confirmation hearing, please contact the Commissioner.
TERMS OF SALE: The property is sold "AS IS" to the highest bidder at public auction with no upset price. THE SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. The highest bidder for the property is required to make a down payment in certified check or cashier's check at the time of the bid in an amount equal to 10% of the bid price. The balance must be paid by the date set by the Court for closing. The purchaser is responsible for paying all escrow costs, including but not necessarily limeted to, the cost of conveyancing, including document preparation, recordation, conveyance tax, and securing possessionof the property. The availabiity of title insurance is not a condition of the sale. Failure to timely close may result in a forfeiture of the downpayment.
PREQUALIFICATION OF BIDDERS: All prospective bidders at the auction MUST prequalify before bidding begins. Immediately prior to the auction, the Commissioner will require all interested persons to show they are ready and able to make the 10% downpayment required of a successful bidder. The information is not shared with other bidders. During the auction, a bidder may not exceed the amound determined to be his or her maximum. FOR EXAMPLE: If you show the Commissioner that you have $10,000.00 at the start of the auction, you may bid up to $100,000.00. You do not have to bid the full amount, but you cannot go over that amount. If you have a question about this requirement, please contact the Commissioner in advance of the auction.
DISCLAIMER: Information provided by the Commissioner is not intended as legal advice and should not be relied up as legal advice. If you are uncertain about your rights as a purchaser or any aspect of the foreclosure process that may pertain to you as the purchaser, you are encouraged to consult an attorney of your choice.
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