Guam § 39112 - Acts Unnecessary to Make Real Estate Title Marketable: Ten-

§ 39112. Acts Unnecessary to Make Real Estate Title Marketable: Ten-

Year Limitation.

It shall not be necessary to perform any of the following acts to correct

the record with respect to the title to real estate, in order to make such title

marketable, in any instance where the defect or omission in the record has

existed of record for a period of more than ten (10) years and recorder's

records do not show that any action has been brought with reference thereto,

to wit:

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(a) Procure and record, or show on the abstract of title, a release of lis

pendens where it appears from the recorder's records that the litigation has

been concluded;

(b) Procure and record, or show on the abstract of title, a satisfaction of

a real estate mortgage or other lien when the recorder's records show than

an action or proceeding to foreclose such mortgage or other lien has been

concluded either by a sale and transfer of the affected property pursuant

thereto, or that the mortgage or other lien has been paid in full;

(c) Procure and record, or show on the abstract of title, a certificate of

authentication as to the official status of a Notary Public or other officer of

this territory, including those existing under the Naval Government of

Guam, or any other territory, state, country, or the District of Columbia,

who as appears from the record has taken an acknowledgment of a deed

mortgage, or other instrument affecting the title to real estate; and at all

times after ten (10) years from the date of his signature such Notary Public

or other officer shall be presumed to have been duly authorized to execute

such instrument in the capacity therein stated;

(d) Procure and record, or show on the abstract of title, an affidavit or

other showing that a person named in the record as grantee, grantor, or

otherwise, constitutes one and the same person as another grantee, grantor,

or other person in the chain of title in any of the following instances: where

a full first name and middle initial, full middle name and first initial, or full

first and middle names of the grantee, distributee, or otherwise, have been

used and later, as grantor or otherwise, the initials of one or more of the

same names have been used; where the initials of the first and middle names

of the grantee, distributee or otherwise have been used and later, as grantor

or otherwise, the full first name and middle initial, the full middle name and

first initial, or the full first and middle names have been used; where the

first or middle or both names of the grantee, distributee or otherwise, is or

are abbreviated and later as grantor or otherwise, such name or names is or

are spelled in full; or where the first or middle or both names of the grantee,

distributee or otherwise is or are spelled in full and later as grantor or

otherwise, such name or names is or are abbreviated; and in all the instances

mentioned in this paragraph, in the absence of some showing in the

recorder's records to the contrary, such names shall be presumed to be that

of one and the same person notwithstanding such discrepancies therein;

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(e) Procure and record, or show on the abstract of title, an affidavit of

identity where the name in the chain of title are idom sonans, although

differently spelled.