Guam § 4907 - Lease-to-Own Contract.
Full text of Guam Guam Code Annotated § 4907 — Lease-to-Own Contract., with citation guidance and answers to common questions.
§ 4907. Lease-to-Own Contract.
The Corporation is empowered to purchase or build, as well
as incur debt to achieve same, residences which the Corporation
would own and lease under the Program established herein.
(a) The lease-to-own contract shall contain:
(1) a lease of the residence, or in the case of
cooperative housing units a sublease, for a term not to
exceed five (5) years;
(2) provision for a rental payment not less than
the sum of:
(A an amount sufficient to pay the estimated
property taxes and insurance on the residence, or
in the case of a cooperative unit, the maintenance
charges;
(B) the cost of routine maintenance of the
residence, unless the lease-to-own contract
requires the Tenant-Purchaser to perform such
maintenance at his own expense;
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(C) an amount sufficient to pay interest on
the mortgage loan held by the Corporation on the
residence, less the estimated earnings on the
escrow fund provided in § 4708 of this Act which
is allocable to such mortgage held by the
Corporation;
(D) an amount to be held in escrow, referred
to as the “Tenant-Purchaser escrow,” which, when
accumulated over the period of the lease-to-own
contract or no more than five (5) years, will
amount to a sum sufficient to pay the Tenant-
Purchaser’s required down payment under the
lease-to-own contract, plus the estimated closing
costs of purchase which will be allocable to the
Tenant-Purchaser, including the seller’s closing
cost at the initial closing of the mortgage to the
seller; and
(E) in the case of a condominium unit,
common charges;
(3) provisions obligating the Tenant-Purchaser to
buy and the seller to sell the residence at the end of the
lease term, which shall not exceed five (5) years;
(A) if Tenant Purchaser seeks to utilize any
HUD grants for down payment and closing cost
assistance, then Tenant Purchaser shall exercise
the purchase option on or before three (3) years;
(4) a provision that the default by the Tenant-
Purchaser under the provision of the lease-to-own
contract shall result in the forfeiture to the seller of all
amount in the Tenant-Purchaser escrow; furthermore,
the various escrow funds funded under the Program
should be residence specific, such that a default or
other failure of the tenant to purchase the unit within
the five (5) years allowed would result in the escrow
being forfeited to the successor Tenant-Purchaser, and
not the Corporation;
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(5) a provision that the Tenant-Purchaser shall
have the option upon reasonable notice to the seller and
the Corporation to elect to close the purchase of the
residence not earlier than one (1) year from the date of
execution of the lease-to-own contract;
(6) a provision that the rent shall be adjusted
under the lease-to-own contract periodically to take
account of changes in taxes, insurance, escrow earning,
mortgage interest and other variables intended to be
covered by the tenant’s rental payments; and
(7) a provision governing the consequences of
default by each of the parties.
(b) The provisions of this Act shall not apply to the
tenancy of the Tenant-Purchaser under the lease-to-own
contract from and after the purchase by the Corporation of
the mortgage loan on the residence so long as the
Corporation holds the mortgage loan. The Corporation
shall not sell the mortgage loan prior to the closing of the
transfer of title to the Tenant-Purchaser or default by the
Tenant-Purchaser under the lease-to-own contract.
(c) The Corporation shall adopt procedures to ensure
that the payments contemplated by § 4707(a)(2) of this
Section are in fact applied to those purposes.
2015 NOTE: Subsection designations in (a)(2) and (3) were altered to
adhere to the Compiler’s alpha-numeric scheme pursuant to the authority
granted by 1 GCA § 1606.
Frequently Asked Questions About Guam § 4907
What does Guam Code Annotated § 4907 cover?
Section 4907 ("Lease-to-Own Contract.") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Guam § 4907?
A common citation format is "Guam Code Annotated § 4907" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Guam law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.
How does Guam § 4907 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Guam.