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Terms Used In 21 Guam Code Ann. § 39112

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Grantor: The person who establishes a trust and places property into it.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
It shall not be necessary to perform any of the following acts to correct the record with respect to the title to real estate, in order to make such title marketable, in any instance where the defect or omission in the record has existed of record for a period of more than ten (10) years and recorder’s records do not show that any action has been brought with reference thereto, to wit:

COL120106
21 Guam Code Ann. REAL PROPERTY
CH. 39 MARKETABLE TITLE ACT

(a) Procure and record, or show on the abstract of title, a release of lis pendens where it appears from the recorder’s records that the litigation has been concluded;

(b) Procure and record, or show on the abstract of title, a satisfaction of a real estate mortgage or other lien when the recorder’s records show than an action or proceeding to foreclose such mortgage or other lien has been concluded either by a sale and transfer of the affected property pursuant thereto, or that the mortgage or other lien has been paid in full;
(c) Procure and record, or show on the abstract of title, a certificate of authentication as to the official status of a Notary Public or other officer of this territory, including those existing under the Naval Government of Guam, or any other territory, state, country, or the District of Columbia, who as appears from the record has taken an acknowledgment of a deed mortgage, or other instrument affecting the title to real estate; and at all times after ten (10) years from the date of his signature such Notary Public or other officer shall be presumed to have been duly authorized to execute such instrument in the capacity therein stated;
(d) Procure and record, or show on the abstract of title, an affidavit or other showing that a person named in the record as grantee, grantor, or otherwise, constitutes one and the same person as another grantee, grantor, or other person in the chain of title in any of the following instances: where a full first name and middle initial, full middle name and first initial, or full first and middle names of the grantee, distributee, or otherwise, have been used and later, as grantor or otherwise, the initials of one or more of the same names have been used; where the initials of the first and middle names of the grantee, distributee or otherwise have been used and later, as grantor or otherwise, the full first name and middle initial, the full middle name and first initial, or the full first and middle names have been used; where the first or middle or both names of the grantee, distributee or otherwise, is or are abbreviated and later as grantor or otherwise, such name or names is or are spelled in full; or where the first or middle or both names of the grantee, distributee or otherwise is or are spelled in full and later as grantor or otherwise, such name or names is or are abbreviated; and in all the instances mentioned in this paragraph, in the absence of some showing in the recorder’s records to the contrary, such names shall be presumed to be that of one and the same person notwithstanding such discrepancies therein;

COL120106
21 Guam Code Ann. REAL PROPERTY
CH. 39 MARKETABLE TITLE ACT

(e) Procure and record, or show on the abstract of title, an affidavit of identity where the name in the chain of title are idom sonans, although differently spelled.
SOURCE: CC ‘1218.11.