Guam § 4705 - Administration.
Full text of Guam Guam Code Annotated § 4705 — Administration., with citation guidance and answers to common questions.
§ 4705. Administration.
(a) Certificate of First-time Homeownership. GHC shall
issue a Certificate of First-time Homeownership (Certificate) to
an applicant if the applicant meets all the eligibility requirements
set forth in this Article.
(1) This Certificate shall not be transferable, except
between joint holders of an original Certificate, and it shall
not be transferred to a new and separate home.
(2) In case of the death of the holder of an original
Certificate, the Certificate shall terminate, unless the home
covered by the Certificate becomes the home of the
decedent’s heirs, and they acquire the title to the property
within two (2) years of the death.
(b) Amount of Assistance. The amount of the First-time
Homeowner Assistance is up to Ten Thousand Dollars ($10,000)
of the eligible transaction.
(c) Payment of Assistance. First-time Homeowner
Assistance shall be paid by electronic funds transfer, by check,
or in any other way the GHC finds appropriate.
(1) First-time Homeowner Assistance shall be paid to
the financial institution authorized by the GHC and selected
by the applicant to which a mortgage loan or construction
loan, or both, has been approved for the applicant toward
his or her eligible transaction.
(2) The GHC shall develop and maintain, on a semi-
annual basis, a list of authorized financial institutions as
identified in this Section, and shall be made readily
accessible to the public.
(d) Payment in Anticipation of Compliance with
Occupancy Requirement.
(1) The GHC may authorize payment of First-time
Homeowner Assistance in anticipation of compliance with
the occupancy requirement. If the occupancy requirement is
not complied with, the applicant must, within fifteen (15)
days after the relevant date, give written notice of that fact
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to the GHC and repay the amount of assistance.
(2) The relevant date is the earlier of the following:
(A) the end of the period allowed for compliance
with the occupancy requirement; or
(B) the date on which it first becomes apparent
that the occupancy requirement will not be complied
with during the period allowed for compliance.
(3) Where the first-time homeowner fails to comply
with the occupancy conditions and does not repay the
amount of assistance, the GHC may approve, by resolution,
a Memorandum of Understanding between the GHC and the
Department of Revenue and Taxation to garnish the income
tax refunds of recipients of the First-time Homeownership
Assistance. The GHC shall adopt a policy to govern the
referral of such tax refund garnishment requests to the
Department of Revenue and Taxation.
(e) Development of Rules and Regulations. Within ninety
(90) days after enactment of this Act, the GHC shall adopt such
rules and regulations as may be necessary to implement the
provisions of this Act and Subsection (f) of § 4103.
(f) Repayment of Assistance.
(1) A first-time homeowner shall repay to the First-
time Homeowner Assistance Fund an amount equal to the
total assistance received by the homeowner with interest at
the rate of ten percent (10%) per annum if, within five (5)
years after receipt of the assistance, the home is:
(A) transferred or conveyed;
(B) sold; or
(C) occupied exclusively by any individual or
individuals other than the homeowner or the
homeowner’s children.
(2) The funds that were disbursed on behalf of such an
applicant that are repaid shall be deposited back into the
Housing Trust Fund.
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(3) The funds from the ten percent (10%) penalty shall
be deposited into the GHC’s bank account(s) for operational
uses.
Frequently Asked Questions About Guam § 4705
What does Guam Code Annotated § 4705 cover?
Section 4705 ("Administration.") 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 § 4705?
A common citation format is "Guam Code Annotated § 4705" (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 § 4705 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.