Guam § 33108 - Time for Filing Foreclosure Suit.

§ 33108. Time for Filing Foreclosure Suit.

No lien provided for in this Chapter binds any property for a

longer period of time than ninety (90) days after recording the

claim of lien, unless within that time an action to foreclose the

lien is commenced in the Superior Court. After commencement

of an action to foreclose the lien, the lien claimant shall within

ten (10) days thereafter record a notice of lis pendens with the

Department of Land Management and cause a copy thereof to be

served either personally or by certified mail, return receipt

requested, on the owner of the work improvement. If the notice

of lis pendens be not so filed, the owner may likewise serve a

written demand on the lien claimant to record such a notice, and

should the lien claimant fail or refuse to record such a notice

within ten (10) days after his receipt of the owner’s demand, the

lien foreclosure action shall be dismissed with prejudice. Should

the lien claimant not prevail in the lien foreclosure action, the

owner may record at the Department of Land Management a

certified copy of the judgment which shall conclusively establish

for all persons that the claimant’s lien has been extinguished and

is no longer a cloud on the title to the work of improvement.

Should the lien claimant be the prevailing party in a lien

foreclosure action, the court shall order the foreclosure of the

lien in accordance with the procedure established for the judicial

foreclosure of mortgages under Guam law.

It is the intent of this Section to allow any person to

determine the status of any mechanics’ liens through a review of

the record at the Department of Land Management.