Guam § 2327 - Sales in General: Sales of Encumbered Property; Application

Full text of Guam Guam Code Annotated § 2327 — Sales in General: Sales of Encumbered Property; Application, with citation guidance and answers to common questions.

§ 2327. Sales in General: Sales of Encumbered Property; Application

of Purchase Money; Discharge of Encumbrance; Disposal of

Surplus; Purchase by Mortgage or Lien Holder; Procedure;

Expenses.

(a) When any property of an estate is sold which is subject to a

mortgage or other lien which is a valid claim against the estate, and

which has been allowed, the purchase money must be applied, after

paying the necessary expenses of the sale, as follows: first, to the

payment and satisfaction of the mortgage or other lien; and then the

residue, if any, in due course of administration. The application of the

purchase money to the satisfaction of the mortgage or other lien must be

made without delay; and except as provided in subsection (b) of this

Section the property sold is subject to such mortgage or other lien until

the purchase money has actually been so applied.

(b) When any property of an estate is sold which is subject to a

mortgage or other lien which is a valid claim against the estate, the

purchase money, or so much thereof as may be sufficient to pay such

mortgage or lien, may be paid to the Clerk of the Superior Court, where-

upon the mortgage or other lien upon such property shall cease; and the

purchase money shall be paid over by the Clerk of the Superior Court of

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CH. 23 PERSONAL REPRESENTATIVE’S DEALINGS WITH ESTATE PROPERTY

Guam without delay, in payment of the expenses of sale, and in

satisfaction of the obligation to secure which the mortgage or other lien

was taken, and the surplus, if any, at once returned to the personal

representative, unless for good cause shown, and after notice to the

personal representative, the Superior Court otherwise directs.

(c) At any sale of any property of an estate upon which there is a

mortgage or other lien, the holder thereof may become the purchaser,

even though no claim thereon has been, or could have been, presented or

allowed. If no claim thereon has been presented or allowed, the Superior

Court may at the hearing on the confirmation of such sale examine the

validity and enforceability of the lien or charge and the amount due

thereunder and secured thereby, and may authorize the personal

representative to accept his receipt for the amount due thereunder and

secured thereby as payment pro tanto. If such mortgage or other lien is a

valid claim against the estate and has been allowed, the receipt of such

purchaser for the amount due to such purchaser from the proceeds of the

sale is a payment pro tanto. If the amount for which such property is

purchased, whether or not such claim was presented and allowed, is

insufficient to defray the expenses and discharge the purchaser's

mortgage or other lien, the purchaser must pay the Clerk of the Superior

Court an amount sufficient to pay such expenses. Nothing permitted

under the provisions of this subsection shall be deemed to be an

allowance of a claim based upon such mortgage or other lien.

Source: official Guam text · Last verified 2026-08-27

Frequently Asked Questions About Guam § 2327

What does Guam Code Annotated § 2327 cover?

Section 2327 ("Sales in General: Sales of Encumbered Property; Application") 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 § 2327?

A common citation format is "Guam Code Annotated § 2327" (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 § 2327 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.