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Terms Used In 7 Guam Code Ann. § 23122

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Personal property: All property that is not real property.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Sales of personal property, and of real property, when the estate therein is less than a leasehold of two (2) years unexpired
term, are absolute. In all other cases the property is subject to redemption as provided in this Article. The officer must give to the purchaser a certificate of sale, and file a duplicate thereof for record in the Department of Land Management, which certificate must state the date of the judgment under which the sale was made and the names of the parties therein and contain:

(a) a particular description of the real property sold; (b) the price bid for each distinct lot or parcel;
(c) the whole price paid;

(d) if the property is subject to redemption, the certificate must so declare, and if the redemption can be affected only in a particular kind of money or currency, that fact must be stated.

SOURCE: CCP § 700a. Guam CCP omits Subsection (b) of Calif. § 700a, dealing with service of notice to the judgment debtor and the liability of the officer for such failure.

2012 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections beginning with “”Numbers”” to “”Lowercase Letters”” in this section.

§ 23123. Real Property so Sold, by Whom it May be
Redeemed.

Property sold subject to redemption, as provided in the last section, or any part sold separately, may be redeemed in the manner hereinafter provided, by the following persons or their successors in interest:

(a) the judgment debtor, or his successor in interest, in the whole or any part of the property;

(b) a creditor having a lien by judgment or mortgage on the property sold, or on some share or part thereof, subsequent to that on which the property was sold. The persons mentioned in the second subsection of this Section are, in this Article, termed redemptioners.

SOURCE: CCP 701.