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Terms Used In 21 Guam Code Ann. § 25107

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale.

SOURCE: CCP ‘744.

§ 25108. When Court May Grant Injunction; During
Foreclosure; or After Sale on Execution, Before Conveyance.

The court may, by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the foreclosure of a mortgage thereon; or, after a sale on execution, before a conveyance.

SOURCE: CCP § 745.

§ 25109. Damages May be Recovered for Injury to the
Possession After Sale, Etc., and Before Delivery of Possession.

COL 6/21/2023

21 Guam Code Ann. REAL PROPERTY
CH. 25 ACTIONS CONCERNING REAL ESTATE

When real property has been sold on execution, the purchaser thereof, or any person who may have succeeded to his interest, may, after his estate becomes absolute, recover damages for injury to the property by the tenant in possession after sale, and before possession is delivered under the conveyance.

SOURCE: CCP § 746.