Guam § 29160 - Instruments Intended to Create Charges Upon Land:

§ 29160. Instruments Intended to Create Charges Upon Land:

New Certificates.

On the filing in the registrar's office of an instrument intended

to create a charge on registered land and upon the production of

the duplicate certificate of title, whenever it appears from the

original certificate of title that the person intending to create the

charge has the title and right to create such charge and the person

in whose favor the same is sought to be created is entitled by the

terms of this law to have the same registered, the registrar shall

enter upon the original and duplicate certificates a memorial of the

purport thereof, and the date of filing the instrument, with a

reference thereto by its file number, which memorial shall be

COL10/29/2021

signed by the registrar. The registrar shall also note upon the

instrument on file the number of the certificate of title where the

memorial is entered. No new certificate of title shall be entered

and no memorandum shall be made upon any certificate of title by

the registrar in pursuance of any deed or other voluntary

instrument, unless the owner's duplicate certificate of title is

presented with such instrument, except in cases expressly

provided for in this Law, or upon the order of the court, for cause

shown, and whenever such order is made, a memorial thereof shall

be entered upon the new certificate of title and on the owner's

duplicate. The production of the owner's duplicate certificate,

whenever a voluntary instrument is presented for registration,

shall constitute authority from the registered owner to the registrar

to issue a new certificate or to make a memorial in accordance

with such instrument and the new certificate or the memorial shall

be binding upon the registered owner and upon all persons

claiming under him in favor of every purchaser for value in good

faith.