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.