Recording of Cancellation Certificate

(a)Upon tentative approval of the cancellation petition, the Department of Agriculture shall record in the Department of Land Management a certificate which shall set forth the name of the owner of such land at the time the contract was cancelled with the amount of the cancellation fee certified by the Department as being due pursuant to this Article, the contingency of any waiver or deferment of payments, and a legal description of the property. From the date of recording of such certificate the contract shall be finally cancelled and, to the extent cancellation fee has not yet been paid, a lien shall be created and attached against the real property described therein and any other real property owned by the person named therein as the owner. Such lien shall have the force, effect and priority of a judgment lien. Nothing in this section or in § 65404 shall preclude the Department from COL 12/29/2023 CH. 65 GUAM LAND CONSERVATION ACT requiring payment in full of the cancellation fee prior to the cancellation becoming effective.

(b)In no case shall the cancellation of a contract be final until the notice of cancellation is actually recorded as provided in this section. Notwithstanding any other provision of law, any payments required by § 65404 shall not create nor impose a lien or charge on the land as to which a contract is cancelled except as herein provided.

(c)Upon the payment of the cancellation fee or any portion thereof the Department of Agriculture shall record with the Department of Land Management a written certificate of the release in whole or in part of the lien.