12 Guam Code Ann. § 4704
Terms Used In 12 Guam Code Ann. § 4704
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(a) whether the applicant intends to purchase or construct a home;
(b) the legal description of the property intended for the home;
(c) if the applicant intends to construct a home, applicant must submit the following:
(1) a certificate of title, policy of title insurance, warranty deed or other evidence of fee simple title, or lease to a Chamorro Land Trust lot, to the unimproved land intended for construction; and
(2) construction plans and specifications certified by a licensed professional engineer or architect authorized to practice on Guam by the Professional Engineers, Architects, and Land Surveyors Board of Guam; and
(3) a completed construction contract with construction cost of the home to be built.
(d) If the applicant intends to purchase a home, applicant must submit the following:
(1) an executed contract for the purchase of a home with selling price; and
(2) certificate of title, warranty deed, policy of title insurance or other evidence of ownership by the intended seller.
(e) An applicant must provide the GHC with any further information the GHC requires to decide on the application.
(f) Information provided by an applicant in or in relation to an application must, if the GHC so requires, be verified and supported by other evidence required by the GHC.
(g) An application can only be made on or after the commencement date of the eligible transaction to which the application relates and before the eligible transaction is completed.
(h) An applicant may, with the GHC’s consent, amend an application.
(i) Any applicant who intentionally supplies false information on the application for assistance under this Act shall automatically be disqualified from the First-time Homeowner Assistance Program. In the event that funds are disbursed on behalf of such an applicant, the applicant shall be assessed a penalty of ten percent (10%), in addition to repaying the amount disbursed by the GHC. The funds that were disbursed on behalf of such an applicant that are repaid shall be deposited back into the First-time Homeowner Assistance Fund. The funds from the ten percent (10%) penalty shall be deposited into the GHC’s bank account(s) for operational uses.
(j) In the case where an applicant is denied assistance, the GHC shall provide the applicant a written denial notice within thirty (30) days of the submission of the application.
(k) Appeal. An applicant may appeal a denial of application within thirty (30) days of receipt of the written denial notice. The applicant shall submit to the GHC Board appropriate documentation disputing the basis of the denial. The Board shall render a decision within fifteen (15) days after receipt of an appeal, or at the next meeting of the Board following the denial, whichever is sooner. The decision of the Board shall be final.
12 Guam Code Ann. AUTONOMOUS AGENCIES
CH. 4 GUAM HOUSING CORPORATION