Olohena Island Case Digest

Satisfactory Essays
I, RYAN E. JIMENEZ, declare under penalty of law that the following is true and correct; 1. I am the assigned Commissioner in this case. 2. I have personal knowledge and am competent to testify to the facts set forth below. 3. Pursuant to an Order Granting Commissioner Angela Anderson’s Ex Parte Motion to Withdraw filed October 18, 2017 (Order), I was appointed as Replacement Commissioner in the above-entitled foreclosure action by this Court 4. I was directed by the Court to take possession of the subject property located at Unit #2X of the Kulana Condominium Project on Olohena Road, Kapaa, HI 96746, TMK No. (4) 4-3-011-001 CPR 0017 (“Property”). I was also instructed to sell Property at a foreclosure sale to the highest bidder at a public auction, after…show more content…
Continuing our conversation, I explained my role and duties as Commissioner and requested permission to inspect and conduct open houses at the Property to get information to help with the sale. Mr. Raymond informed me that he would not grant me permission to inspect or conduct open houses. 8. On November 2, 1017, I wrote a letter to Mr. Raymond confirming the substance of our phone conversation. A true and correct copy of the letter is attached hereto as Exhibit “2”. 9. As of November 8, 2017, I have not had any further communication with Mr. Raymond. 10. Due to Mr. Raymond’s express refusal to grant me permission to inspect or conduct open houses, I am unable comply with the Court’s written instructions to the Commissioner to conduct open houses of the Property before the foreclosure sale. 11. In my opinion, to sell the Property without any open house will not yield the highest and best price at the sale and this will result in a substantially lower sale price but there are no other reasonable alternatives. 12. If there is no other reasonable solution, then I must request the Court grant me permission to sell the Property without conducting any open
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