LAWYERS (?) WEIGH IN ON THE "YONA PROPERTY SCANDAL"

Note: Sorry folks from Yona, we couldn't figure out what else to call it. 

We can't call it the Seminary property scandal because it is NOT the Seminary's property. We didn't want to call it the RMS scandal because there are so many other RMS scandals that it would get confusing. Likewise, we couldn't call it the Apuron scandal. Too many of those. And we didn't want to use the "Old Accion Hotel" moniker as it would sound a Harlequin novel (but then again...). 

So we called it the Yona Property Scandal", at least for now. We needed to give it a name because we will use it as a Label to file all the posts about this story, and there may be a lot by the time we are done. 

We've been getting some interesting "legal" observations from some folks who sound like they know what they are talking about, so we will use this post to collect them. You can check back on this post for updates as we collect more of these types of observations. I will also offer some of my own.  The hyperlinked date and time stamp will take you to the original comment so you can see it in context.

Update: Yona you are spared. We will be calling this "Seminarygate" in the upcoming posts.

AnonymousJanuary 6, 2015 at 8:33 AM

This is a very odd instrument which uses very odd language. Clearly, AAA tried to convey the property away in a way that would not be perceived as a conveyance. That being said, it includes the word "assign" which may be legally sufficient to effect a fee simple conveyance of the property to the Neos. I would have to see the entire document to say for sure. As for a lawsuit, I think any Catholic registered in a parish in the Archdiocese of Agana would have standing to bring suit. But you'd better hurry. There may be an SOL that is running.

Note: The entire document is available at 

https://www.scribd.com/doc/251710144/RMS-Deed-of-Restriction

AnonymousJanuary 6, 2015 at 10:12 AM

This document is stunningly bad. I wonder whether this is incompetence by clever design (like the intentional violation of RAP in Body Heat) or just authentic garden-variety incompetence?

AnonymousJanuary 6, 2015 at 10:41 AM

This is a close call. The document is sloppy, meandering and confusing. However, under Guam law, no magic words of conveyance are required to transfer real property; and fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was intended. 21 GCA 4202. Moreover, in spite of its title ("Declaration of Deed of Restriction"), the document includes by incorporation of the Decree of Designation language of conveyance. This may be just enough for a court to find that the document qualifies as an instrument of conveyance and that fee simple title passed to the Neo entity upon its execution by AAA. Of course, this transfer may still be subject to defeasance if it can be shown that AAA acted without requisite authority. Also, there may be fraud charges available against AAA and the Neos. It's definitely high time to bring suit.

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