All persons named in the information may appear and answer, and traverse or deny the facts stated therein at any time before the time for answering expires, and any other person claiming an interest in such estate may appear and be made a defendant, by motion, for that purpose, in open court within the time allowed for answering, and if no such person appears and answers within the time, then judgment must be rendered that the Government of Guam is the owner of the property in such information claimed. But if any person appears and denies the title set up by the Government of Guam, or traverses any material fact set forth in the information, the issue of fact must be tried as issues of fact are tried in civil actions. If, after the issues are tried, it appears from the facts found or admitted that the Government of Guam has good title to the property in the information mentioned, or any part thereof, judgment must be rendered that the Government of Guam is the owner and is entitled to the possession thereof, and that it recover costs of suit against the defendants who have appeared and answered.

In any judgment rendered escheating property to the Government of Guam, on motion of the Attorney General, the court must make an order that such property be sold and shall, if the value thereof is over One Hundred Dollars ($100.00), appoint a receiver for that purpose. The property shall be sold in the manner prescribed for the sale of property upon execution. The person making the sale shall, within five days thereafter, make a report thereof to the court. Upon the hearing of such report, the court may examine the report and witnesses in relation thereto. If the sum bid was disproportionate to the value, of the proceedings of the sale were unfair or without proper notice, the court shall vacate the sale and direct that another sale be had, of which notice must be given and the sale conducted in all respects as if no previous sale had taken place.

If it appears to the court that the sale was legally made, and fairly conducted, and that the sum bid is not disproportionate to the value of the property sold, the court must make an order confirming the sale and

COL 03082011
7 Guam Code Ann. CIVIL PROCEDURE
CH. 35 ESCHEATED ESTATES

directing the person making the sale, in the name of the Government of Guam, to execute the conveyance to the purchaser or purchasers. The person making the sale shall, after deducting the expenses of the sale allowed by the court, pay the proceeds to the Treasurer of Guam.

SOURCE: CCP § 1271.