Guam § 35104 - Appearance: Trial: Sale.

§ 35104. Appearance: Trial: Sale.

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

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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.