7 Guam Code Ann. § 20501
Terms Used In 7 Guam Code Ann. § 20501
- 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.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Plaintiff: The person who files the complaint in a civil lawsuit.
1. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds there- of, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured;
2. In an action by a mortgagee for the foreclosure of his
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7 Guam Code Ann. CIVIL PROCEDURE
CH. 20 PROVISIONAL REMEDIES IN CIVIL ACTIONS
mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed, or materially injured; or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt;
3. After judgment, to carry the judgment into effect;
4. After judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or in proceedings in aid of execution, when an execution has been returned unsatisfied, or when the judgment debtor refuses to apply his property in satisfaction of the judgment;
5. In the cases when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights;
6. In an action of unlawful detainer.
7. In all other cases where receivers have heretofore been appointed by the usages of courts of equity.
SOURCE: CCP § 564,
NOTE: See GRCP Rule 66. This rule differs from the federal rule in that Guam refers to local practices and, by inference, to this Title. No specific procedures dealing with Receivers are found in the Guam rules.