CasaGuam Vol. 6 Issue 4

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CONTENTS

Message From GAR

Departments 4

Message from the President

Market Report Market Snapshot January 1, 2013 to March 20, 2013

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Feature Coming Soon: Tanota Partners Hope to have Dusit Thani Open by September

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Profile Carlos Diaz Still Learning

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Home Finance VA-Guaranteed Home Loan

April 2013 • Vol. 6 • No. 04 P.O. Box 24881 Barrigada, GU 96921 Tel: (671) 472-3495 | Fax: (671) 472-3498 email: office@yellowpagesink.com

|Publisher| |Business Sales Manager| Jay-R S. Dominguez

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How to D.I.Y. The 5th Grade Science Project Vinegar and baking soda don’t just belong in volcano experiments

|Display Advertising| Jennifer Santos

|Traffic/Circulation Manager| Josie Redmond

|Production Manager| 18

From the Experts What’s the Role of an Escrow Company

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Curb Appeal Landscaping An Outward Expression of Self

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One More Thing Certificates of Title and Guam’s Torrens System

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Who Ya Gonna Call?

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Classifieds

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Closing Guam Association of REALTORS® Compliance Questions

Mark S. Burke

|Graphics & Layout| Mark S. Burke Edwin E. Valencia

|Editorial Contributors| Faye Varias Creative Services Clare Delgado Anthony Godwin Peggy Araullo Llagas Bryan J.C. Sualog Arlene Taitague Taitingfong Karen Curinga Kim Anderson Young

By Clare Delgado REALTOR® Century 21 Commonwealth Realty

REALTORS® AT WORK – BECAUSE HOMEOWNERSHIP MATTERS! On March 1, 2013, automatic cuts to the national budget deficit took effect. The sequestration occurred because the U.S. Congress could not agree on deficit reduction measures, and therefore mandatory and automatic spending cuts were made across the board. Since then, we’ve seen cuts to various programs, the military and then hitting even closer to home with the local Section 8 rental market. The Guam Housing and Urban Renewal Authority reported that because of the sequestration, approximately 200 families could possibly be displaced. Since the budget cuts, we’ve learned that Guam Housing and Urban Renewal Authority (GHURA) have had no choice but to stop processing applications for Section 8 families. The effects as we see it can be far reaching. Not only might families be displaced, but landlords needing to fill vacant homes could see a loss of income and in turn there could be less GRT’s reported to the Government of Guam. Further, there may be a rise in the number of foreclosures due to the inability to pay the mortgage. As REALTORS®, we are concerned because it is our duty to help landlords find the right tenants and help tenants find the right home. It is our duty to protect the dream of homeownership. Earlier this year, a few members from the Guam Association of REALTORS® had the opportunity to attend a National Association of REALTORS® conference in Washington D.C. At this conference, members were able to discuss how sequestration and other actions from the U.S. Government could impact the real estate industry. A few of the issues include the preservation of mortgage interest deduction, more tax incentives for homeowners and ensuring the FHA is still there to help homeowners fulfill the dream of owning a home. As REALTORS®, homeowners can be assured that we will be watching events unfold and doing what we can to protect the dream of homeownership. Be it nationally or locally, you REALTOR® is your advocate and your ally. We will rally to protect the interests of homeowners and those who pursue the ideals of buying, selling and renting. We will work in partnership with our local leaders to promote various programs to assist with down payments and closing costs. Your REALTOR® will also help you find the right home and walk you through the process from start to finish. Your REALTOR® has the expertise, knowledge and the resources available for you. Your REALTOR® is there for you. Let your REALTOR® work for you – because HOMEOWNERSHIP matters.

GUAM ASSOCIATION OF REALTORS® Cover Photo: Mark S. Burke CasaGuam is Published by:

The Voice for Real Estate on Guam Suite 236A Julale Center 424 West O'Brien Drive, Hagatna, Guam 96910 Office: (671) 477-4271 • Fax: (671) 477-4275

CasaGuam Advertising Disclaimer All Advertisers agree to hold the publisher harmless and indemnify it against any and all claims, losses, liabilities, damages, costs and expenses (including attorney’s fees) made against or incurred by the publisher, officers or employees with respect to, or arising out of, the content, text, graphics or representations of any ad published herein, including but not limited to the sole negligence and/or fault of the publisher. The publisher is not liable for any claims, losses or damages of any kind, arising from the wording, text, graphics or representations of any ad published herein, or the condition of the articles sold through the publication, or performance of services advertised in this publication. All advertising and/or performance of services advertising and/or submissions become wholly the property of CasaGuam Magazine. CasaGuam Magazine is a registered trademark of PTI Pacifica Inc. Copyright © 2008. All rights reserved. Reproduction in whole or in part in any form without the express written consent of the publisher is prohibited. We reserve the right to edit or refuse any ad and to reprint any photo for promotional use.


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Market Repor t

Market Snapshot January 1, 2013 to March 20, 2013 January 1, 2013 to March 20, 2013 Total Listings in MLS

1,878 (as of March 20, 2013)

Average Home Price

$237,930

Days on Market

153

Average Condo Price

$194,828

Days on Market

176

# of Agents/Brokers

411

Market Type

Buyer’s (& Renter’s) Market

MLS Highlights It's a busy here so far! A condominium in Tumon sold for $1,295,000 during the January 1, 2013 to March 20, 2013 period. There have been two other sales above $500,000 reported to the MLS during the same period… a home sold in the Starts Golf Course area for $538,000 and a home in the Perezville Subdivision closed at $680,000. Three homes sold between $400,000 and $499,000. Nine properties sold between $300,000 and $399,000. Twenty properties changed hands between $200,000 and $299,000. Thirty Eight properties sold between $100,000 and $199,000. The remainder of the sales volume this year included 28 properties that sold for up to $99,000. Rental volume was brisk with 380 properties rented. Home buyers are definitely taking advantage of the benefits of home ownership. Market Signals Bank interest rates remain very attractive at around 3% for those with the best credit scores. You read that right 3%! How long will these low interest rates last? Take advantage now. A $10,000 grant for closing costs for home purchases under $250,000. We are still seeing transactions where seller’s have helped out with closing costs or down payments – sometimes both. There’s a great selection of properties to choose from with nearly 1900 available for either sale or rent on the market now.

Advice to Buyers! The signals to buy are everywhere… more choices! Low interest rates! Help with closing costs & down payments. These are the ideal conditions to make a home purchase. Will these conditions last forever? No. Supply and demand affect everything…including the purchase of a home. Interest rates on mortgages in Guam are based on the financial markets in

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Market Repor t the US. As the US financial markets improve, interest rates will most likely start to rise. As demand for real estate increases sellers are less likely to provide concessions and credits to buyers. As the number of properties available for sale decreases then the usual market response is an increase in prices. Property choices, low interest rates, help with closing costs and downpayments‌ it’s an ideal time to buy!

Advice to Property Owners! Make sure your properties are attractive and well prepared for the market. When a buyer or renter walks into your property you want that buyer or renter to say, "Wow, I'll take it". With the number of properties on the market, there are many places for a buyer or renter to choose from. You want that buyer or renter to choose your place. Would you walk into a department store and select a pair of pants or a dress from the rack that was ruffled up and dirty? No. You would choose something clean

and well presented. Put your property in marketing condition. Yes, we can help.

Finding Properties Perhaps 90% of buyers and tenants start their search on the internet. Nearly all real estate websites on Guam feature all properties from all real estate companies through the Guam MLS. Websites such as http://www.guamrealestate.com even allow you to create favorite folders, save searches and track properties that meet your requirements. Sellers & Owners‌ do a search of properties similar to yours. Take a look at the photos. You want your property to stand out from the competition. When you are ready to make a move, we are here to help. All data in this article is from the Guam Multiple Listing Service (MLS) for the period stated.

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Feature

With a little bit of luck tourists and locals alike will soon have one more choice when it comes to accommodations. Michael Ysrael, General Manager of Tanota Partners says they hope to have the Dusit Thani – formerly the Tasi Beach Resort and Spa – up and running by September.

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Feature

Coming Soon: Tanota Partners Hope to have Dusit Thani Open by September By Bryan J.C. Sualog

“However, this is Guam, we are a small island in the middle of the Pacific ocean. Delays are the norm and we would not be surprised if any opening date is missed. What is important is that the project is progressing to the finishing line. Our belief is that it is better to do it right and be delayed, then to rush and do a shoddy job. We have to live with the workmanship and design for many decades,” he says. Ysrael says several milestones have already been completed. The tower has been topped off and a management company has been selected to operate the property – Dusit Thani out of Thailand. The elevators are being installed and we are concentrating on the mechanical, electrical and plumbing portion of the property, he says. “The spa is being built out. Restaurants and landscaping concepts have all been approved and [the] final design is finishing up. Major components are the landscaping/pool area, finishing of the ballroom, restaurants and lower lobby area.” One of the property’s’ biggest selling points is that once completed, it will have a conference with the largest meeting space on island but it is more than just a large room. “The conference center is a collection of rooms designed for the various needs on Guam,” Ysrael says. The Conference Center will feature themed rooms for a variety of different functions. For large-scale meetings, the Conference Center features two meeting rooms with a combined size of 6,000 square feet. “The final feature of the Conference center is our Ballroom. The Ballroom has a clear ceiling height of over 20 feet with a width of 80 feet and a length of 160 feet, 11,800 square feet, all column free. The Ballroom is capable of utilizing the Meeting Rooms has a Pre-Function room, making a combined space of 17,800 square feet,” he says. The Conference Center is accessed from the main parking garage, which is five levels and can accommodate 850 cars. “The goal of the Conference Center is to fully open Guam to the MICE (Meetings, Incentives, Conferences, Events) market. We are looking to attract overseas meetings for between 600 to 6,000 attendees (over multiple periods). The Guam Conference Center is part of the Dusit Thani and the Outrigger Guam Resort,” Ysrael says. Patron will have easy access to nearby

hotels and we are working with the Hyatt to look into the feasibility of a direct access to the Center. According to Ysrael, Dusit Thani is positioned to appeal to the frequent independent traveler or FIT traveler. The property features a wide variety of rooms designed for different types of travelers. A very exciting feature is our virtual bathrooms, he says. “Instead of completely closing off the bathrooms from the bedrooms, we have "opened" up the room to include the sinks and bathtubs as part of the bedroom, with toilet and shower in closed off private areas. There is a sliding door to close off the entire bathroom area for complete privacy. All rooms include 5.5 fixtures – two sinks, a bathtub, shower, toilet, and built-in bidet (1/2 fixture). Our "Villa Rooms" will be the star of our room collection. They feature triple sized rooms, with spa rooms, dining areas, expansive patios and each one comes with its own plunge pool.“ In addition to the Conference Center and the rooms, the property’s other main features will be its restaurants and spa. Ysrael says the Dusit hotel chain has extensive experience in fine dining. “In Thailand they operate a cooking school licensed by the Cordon Bleu School of France. As part of our commitment to enhancing Guam's restaurant experience, Dusit is teaming up with a local school to sponsor cooking courses,” he says. The property will have four restaurants. The largest of which will be the International Buffet restaurant with an emphasis on Japanese dishes. “In addition to great food, the panoramic surround view of Tumon bay is breathtaking. Next door will be the Italian Steakhouse restaurant. The final flavor on the restaurant floor is Thai with some Chinese specialty dishes for variety. Just off the beach is our open air grill restaurant. On the lobby floor we have a large lounge featuring live entertainment and an outdoor patio area for fresh air. On the 30th floor is a spectacular Executive Lounge for our executive guests.” When all is said and done, nearly $100 million will have been invested in the property.

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On The Cover

Cozy Condo Close to Everything!

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Executive style condo, 3bd 2ba, with top quality finishing....granite kitchen island and countertops, oak cabinets, crown molding, bamboo floors, jacuzzi style tub, name brand appliances, typhoon shutters, automatic security gate, large extended balcony, and much more!! Located in the heart of Tamuning, close to hospital, grocery store, school, etc. The best part of this condo is the functional floor plan.

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Profile

Still Learning

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Carlos U. Diaz CERTIFIED GENERAL APPRAISER, CORNERSTONE VALUATION GUAM INC.

Education:

Associates Degree in General Studies from the University of Maryland, Satellite Campus

Affiliations:

Appraisal Institute, residential and general Associate Member Territory of Guam Certified General Appraiser Member, Pacific Association of Professional Real Estate Appraisers

It’s [CasaGuam] a good resource to keep a finger on the pulse of real estate, especially when it comes to the real estate market.

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After 15 years working in the industry Carlos U. Diaz, real estate appraiser for Cornerstone Valuation Guam Inc., says he is still learning new things. “You never feel like you’ve learned everything. Once you feel that way you get bored and move on.” Diaz got into appraising in 1998. He was working as a title researcher and was spending a lot of time at the Department of Land Management. “Like most things in life, I landed here by accident,” he says. “One of the appraisers at the Department of Land Management befriended me and asked if I’d be interested in getting into the field. That man was Mike Jury, an owner and partner at Micronesian Appraisal Associates, Inc. It wasn’t long after that when Diaz joined Jury at Micronesian Appraisal as a residential appraiser. “I walked in blind as a bat not knowing what I was getting into. I knew I could learn it and definitely excel.” Being a residential appraiser was so different from the commercial side, he says. “That was a carnival. You tend to run into all kinds of funky situations and hearing a lot of silly field stories like getting bit by a dog,” which Diaz says is something that actually happened to him once. “Commercial appraisal is not as weird as residential.” Diaz worked at Micronesian Appraisal for 14 years before joining the team at Cornerstone Valuation. Because Diaz is constantly learning, he has never lost interest in what he does. At Cornerstone Valuation, Diaz looks at revenue producing properties and he gets to see how the owners manage different business models – what works and what doesn’t. “It definitely gives you insight. People who find this interesting are people who currently or someday want to invest in properties. It gives you insight into how so many people run their properties,” he says. “You learn different ways to have a profitable venture. It’s a lot of valuable on-the-job training.” And there is definitely a lot of work. Diaz says there are currently only about 30 appraisers on island servicing a population of 170,000 people. “One big concern as a whole is that we can’t handle the workload in a timely manner and that clients my contract outsiders. … it’s like riding a fine line of turning out appraisal work in a timely manner.” After 15 years as an appraiser and countless hours of on-the-job training, Diaz has one piece of advice for his clients is to always get professional help whether it’s have an appraiser look at property before making a purchase or having an attorney review a contract before you sign it. “It’s getting the peace of mind of hiring an attorney. Especially when going into a bigger venture, take precautions. Consult an appraiser, a title company and attorneys. … Sometimes people outside the industry get a skewed view of it being simpler than it is but there are a lot of different facets.”

By Bryan J.C. Sualog


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Home Finance

VA-Guaranteed Home Loan

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n 1944, the GI Bill was signed into law by President Franklin D. Roosevelt. The result was the creation of a loan program which allows qualified veterans to purchase a home for their own personal occupancy with little to no down payment. This loan program is commonly known as the VA-Guaranteed Home loan.

VA Guaranteed Home loan can be used in numerous ways. VA loans can be used to purchase a home or condominium approved by the VA, build a home, renovate and improve a home, and even refinance an existing mortgage to reduce the interest rate; however, please inquire with your lender as not all programs may be offered. The advantage of a VA loan program is that the U.S. Department of Veterans Affairs will guaranty to cover a percentage of the loan amount. This coverage or guaranty protects lenders from loss in the event the borrower fails to make the mortgage payments. The program encourages the lender to offer VA loans to “eligible� veterans who meet the VA program requirements. The major benefit of the VA guaranty is that it helps the borrowers by replacing the need for a 10 to 20 percent down payment when purchasing a home. To qualify for a VA loan, borrowers will need a Certificate of Eligibility (COE). The VA has several specific eligibility rules, but generally veterans, active duty personnel, reservists/national guard members, and some surviving spouses of veterans may be eligible for the program. Borrowers can visit any VA approved lender to get help obtaining the COE online. Once the COE has been issued, lenders assist by pre-qualifying the borrowers for the VA loan purchase or refinance. For purchases, borrowers can then work with their Realtor and shop for the home that meets their price range. Once they find the home, Realtors can assist with completing a purchase contract. Borrowers can return to their lender, complete the loan application and all the necessary VA Forms. Please note that an important condition of VA loan is that the borrower must occupy the property. VA loans cannot be used to purchase investment units, and borrowers must still meet the income and debt requirements of the VA program. To learn more about the VA loan please click on the following website http://www.benefits.va.gov/homeloans/ or visit Bank of Hawaii and speak to anyone of our loan officers to get you started with a VA purchase or refinance. CasaGuam.com 15


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H o w To D . I . Y.

The 5th Grade Science Project Vinegar and baking soda don’t just belong in volcano experiments. By Faye Varias

T

There’s a whole movement toward “green” cleaning these almost immediately. I’ll probably never understand the days. Whether your reasons be to preserve the earth, limit science behind it as I barely made my way through the chemicals your children will be exposed to or you’re chemistry, but it achieved the results I wanted. looking for simple solutions, they’re all valid. The problem here was the grease that’s super caked on As I searched for a DIY project this month, I found a “home underneath the grills. Here, I was supposed to make a “paste” remedy” for cleaning greasy oven tops. While I don’t have with the baking soda and vinegar and leave overnight. Yeah. children, I do have pets, so limiting our household Like I’m really going to leave a pasty weird smelling chemicals is a plus point for me. The supposed solution substance on my stovetop overnight so my great dane can involved only two ingredients: vinegar and baking soda. eat it while I’m asleep. That’s not a story I’d like to tell my One too many Mr. Wizard shows and science projects vet. So I scrubbed on the paste instead and got an acceptfamiliarized me with the effect of combining the two. But I able result. Sure, it’s not spotless, but it’s clean enough. Plus didn’t realize it could also be a cleaning agent. I didn’t have to spend $6 on a chemical I have to practically hide in a safe so my canine sleuths don’t sniff it out. The website told me to put the vinegar in a spraybottle and spray liberally on my greasy stovetop. I didn’t have a spray Overall, this solution gets a B+. Do you have any home bottle, so I poured vinegar onto a paper towel instead. I was remedies you’d like to share? Email me at pretty surprised with the way it cut through the grease fayevarias@gmail.com. BEFORE

AFTER

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From the Experts

What’s the role of an Escrow Company?

By Sara Pangelinan

Pacific American Title Company

Before I discuss the role of an Escrow Company, I’ve had the pleasure of being an Escrow Officer with Pacific American Title for the last 27 years. I’ve handled all types of real estate transactions and I have to admit that there is still a lot of new circumstances and changes going on in my industry. I never have a boring day at the office. Getting back to the subject, in order to understand our role as an Escrow Company, we must first define the meaning of "Escrow". Escrow is simply defined as a deposit of funds, a deed or other instruments by one party for the delivery to another party upon completion of particular conditions or event (as stated in California Escrow Law: section 17003 of the financial code). When you open Escrow with an Escrow Company, regardless if you’re the Buyer, Seller, Lender, or Borrower, you want assurances that no funds or property will transfer until all conditions/instructions in your transaction is complied with. It’s required for an Escrow Officer to comply with all instructions and conditions received from all parties involved with the real estate transaction before any disbursement of funds or property transfers. It’s recommended that you read and understand all the documents that you’ll be required to sign. Do not hesitate to ask your Escrow Officer to prepare a draft of your Escrow Instructions For more information on Escrow Services, please feel free to call me or one of The Closing Professionals at Pacific American Title at (671) 648-7777 or email us at spangelinan@pamericantitle.com or patico@pamericantitle.com.

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and all pertinent documents that are necessary to complete your real estate transaction. Once all instructions and conditions are met, the Escrow Officer will record all the necessary documents, disburse funds to pay-off the required mortgage, real estate taxes and other encumbrances that are attached to the property, once this is achieved your escrow will be "closed". As the Escrow Company, we are the neutral party in this transaction. Confidentiality is another important aspect of Escrow. Our Escrow Officers at Pacific American Title will always retain the impartiality and confidentiality concerning your real estate transaction. We, at Pacific American Title are committed to providing exceptional customer service throughout your entire home-buying/ selling or refinance process. This means listening to you, answering your questions thoroughly and handling all the details of your purchase or refinance in a responsive and timely manner. We look forward to the opportunity in assisting you with your next real estate transaction.


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Curb Appeal

Landscaping – An Outward Expression of Self

By Arlene Taitague Taitingfong

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Modifying the area of land around your home is a great way to add Curb Appeal to your residence. There are many companies on Guam that offer Landscaping Services if you feel you don’t have a green thumb or feel you are not creative enough to design your land area. We’ll come back to this item later. In previous “Curb Appeal” articles, I touched upon how having trees or plants strategically placed can help in keeping your cooling costs down. I also covered how one can add great visuals to their yard—no matter what size—with a few flowers and floral bushes. In this issue, I will try to show you the bigger picture.

IT DOESN’T HAVE TO BE A JUNGLE Firstly, you don’t need an onslaught of trees, bushes and flowers to enhance the aesthetics of your property. More doesn’t necessarily mean awesome! This was proven when I was invited to a home a few weeks ago. The front yard had a nicely manicured lawn with only a few trees and bushes in strategic places to give the front area some greenery and shading. Along the walkway was a small area where flowers were growing underneath a wooden awning that let in light, but still gave some shading for the flowers. The pool in the backyard took up most of the area which yielded limited “lawn” space, however, there were small to medium potted trees and plants that were aligned along the perimeter of the backyard fence. If one was lounging in the backyard, they would feel very tranquil. The landscaping was simple, yet, it gave more to the visual senses. It was beautifully done. When I asked the owner of the home who did his landscaping, he replied he did. He worked the project in sections and at his leisure.

• The Driveway: The best place to start would be your driveway. It is the entrance to your “yard” and is the first thing someone sees. The pictures below reflect the owners’ use of tiles and mixed rock and pebble components to give texture to their driveway and entrance. • Borders: Fencing can be used to “frame” your yard. They can play an important role in your landscaping. It catches the eye and gives the home a more “finished” look. • The “walls” of your property: Hedges are a great way to grow a wall of greenery that surrounds your yard. It may be more favorable to some that having a fence. • Foundation planting: According to Beaulieu, foundation planting traditionally was used to hide the raided foundations that were once popular. As you can see from the example, this would be an excellent idea to use if you have slight sloping in your yard or if you have a large piece of property that has no mature trees. It also can give depth to the front area of your home. Using evergreen shrubs help promote energy efficiency too.

ONE AREA AT A TIME or Components of a Beautiful Yard. Not sure where to start? If you are a beginner like me, start out small. Pick out one area of the yard you want to work on. According to an landscaping article by David Beaulieu, “. . . sometimes it's easy for beginners to learn the tricks of the trade by focusing on the distinct components of a yard, one at a time, before trying to tie everything together.”

•The Entryway: The entryway to your front door is another area that one can work on. You will want to have the path to your door blend in or complement the other elements of your yard. Adding a few flowering potted plants on the steps is also a visually inviting idea. • Container Garden designs: these are live “roving” gardens because they are made to be mobile and movable. This method makes it easier for one to rearrange their garden look. The containers can be moved to anywhere you wish to place them. As you can see from the pictures below, there are more than one type of plant in the container. One can try this easily at home and is a great start up project. • Color Scheme: Adding a “pop” of color is also a great way to break up the landscape. Colorful flowers and pots are used to complement the color of your home. Landscaping with colorful foliage can also distract from having a small lawn area. 20 CasaGuam April 2013


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Curb Appeal THE BACKYARD: Is it where you want to be? Now that we’ve covered some of the basic components of landscaping, take the information and apply it to the backyard. Most people find that the backyard is a meeting place of sorts. It can be an area for the children to play, a place for entertaining guests for a barbeque, or even a place of solitude to collect one’s thoughts. This is the area where one needs to identify what this space means to them. Here are a few examples to view. If you have little ones, creating a fun, kid-friendly backyard space will give you peace of mind. Landscaping will enhance the ambience of your backyard, especially if you entertain frequently. Comfortable chairs and colorful pillows can be used to give an inviting effect. A pool is a great focal point to a yard. Enhance it with a few plants and some outdoor lighting.

scaping. If you look in the Guam Phone Book, you will find an assortment of companies that offer their services. Do your research and get a consultation before starting this project. It may cost you more than you realize or are willing to pay. As always, the best advertising is “word-of-mouth”. Ask co-workers, friends and neighbors if they know of a reputable landscaper. There is even landscaping software available on-line. Check it out.

PLAN B – HIRE SOMEONE

IT’S ALL YOU

If you have come to the point where you feel you rather hire a landscaper – that’s fine. Not all of us have the time or knowledge to try their hand at land-

Ultimately, your yard is a reflection of you - your tastes, your colors, your idea of comfort and beauty. So go ahead and express yourself !

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One More Thing

Certificates of Title and Guam’s Torrens System

By Kim Anderson Young

were never too keen on it and created exceptions and limitations that took away many of the intended benefits. Eventually the California voters repealed the law. Unfortunately, the Torrens system survives in a very mutated way in Guam and it cannot be relied upon as it was intended to be relied upon; currently it creates the opposite of certainty! Practically, Guam operates on a race-notice recording system, which basically means the first to record their deed owns the property. Title insurance policies act as the guaranty of title based on a recorded deed. If Guam was to repeal the Torrens system, our overworked Department of Land Management employees would have a better ability to stay current with the public demand for recording and document management. Kim Anderson Young, president of Security Title, has over 30 years of experience in the real estate industry. Contact her at kim@securitytitle.net or 647-8100.

A client of ours recently spoke with a lender about refinancing his home and the lender mentioned that he should have a Certificate of Title (CT) as proof of ownership of his home. Being a detailed person, Mr. Owner contacted our company to check on the status of his CT. The Torrens system is the basis for issuing CTs, and the Torrens system was supposed to provide a means to instantly determine the status of the title to a piece of land. Unfortunately, due to short staffing and budget restraints Land Management, was forced to curtail their daily abstracting and updating of CTs in mid-1997. A subsequent administration tried to get back to up-keeping the system, but it was a huge undertaking, especially with years of recorded documents back-logging the process. I contacted real estate attorney Bill Blair of Blair Sterling Johnson & Martinez to ask for his thoughts on Guam’s Torrens system. Bill said that as a result of decades of not administering the system, the necessary procedures do not exist to provide the assurances and protections the law is intended to provide. In fact, he said, the law creates a number of potential pitfalls due to the technical requirements that are not being met. Thus, you have the worst of all worlds—a complex set of technical rules you are supposed to follow, but a land administration system that does not follow the rules it is supposed to follow and which cannot meet the demands imposed by the law due to underfunding and understaffing. The result is that a CT, if you are even able to get one issued to you, will provide little practical benefit, BUT, on the other hand, it can create all sorts of unique and difficult legal issues and problems. The Torrens law was part of the laws borrowed from California by the Naval Government back in the 1930s. The California courts 22 CasaGuam April 2013


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W h o Ya G o n n a C a l l ?

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Classifieds Commercial Rentals Dededo 106 East Sta. Barbara, Dededo 4bed/1 ba corner house, fenced, and gated. Centrally located close to church, school and malls. Asking $1,200/month. Call MYRNA @ 488-0144

Ordot-Chalan Pago Commercial space for rent. Approx 850 sq ft., video store or retail business. Asking $850/mo. Please call ANGIE @ 727-2228

Tumon Fountain Plaza for Rent: Finally prime commercial space in the much desired Fountain Plaza. Own your very own business amongst the likes of many long time established busibesses already patroning this plaza. Where can you go wrong, San Vitores road frontage with ample space, there are no lossers and YOU are the winner. Asking $2,700/mo. Please call DANIEL @ 687-5422

Residential Rentals Agana Heights Cliff Condo. 2BD/2BA. Newly renovated. New appliances. Water/Power incl. Sec. 8 OK. $1,150/month. Call W. Yamamoto Realty @ 637-7165.

Single Home. Excellent Condition. 3BD/2BA. Large yard. Good Location. $1,400/month. Call W. Yamamoto Realty @ 637-7165. Moving Soon? Nice 4 bedroom, 2 bath, gated carport, porch in front, A/C, great location, near Marine Corps Dr. Feel at home, Call 637-0222 today! Duplex. Near school, park, grocery store 4 bed, 3 bath, 3 carport garage, 1a/c, 1 washer and refrigerator/typhoon shutters All inquiries welcome ¾ voucher Sect 8 ok. Please call Ed 788-0568 or Lynn 688-0771 Kaiser Dededo 3bedrooms 2baths hse 4 rent. Newly renovated last yr. Sec.8 welcome w/full sec.deposit. Call Karen 988-1883 3Bd/2Bd/1Bd located near schools/church/store and front of park Semi-Furn. Sec.8 & Military OK. Pls. leave message at 727-6456 Dededo Villa Rosario - Spacious 3BR/2BA W/D, Pool, Security, Mailbox $1,650.00 3Bd/2Bd/1Bd located near schools/church/store and front of park Semi-Furn. Sec.8 & Military OK. Pls. leave message at 632-1200 Paradise Estates-4bd/3ba single family home located in a prestigious and gated neighborhood Asking $2450/mo. CSR-PB 649-6088

Maite

Yigo

2BD/1BA. Near Shop for Less. $750/month. Call W. Yamamoto Realty @ 637-7165.

Executive 2-story house with a great view, fully fenced and a quiet area. 5bd/3ba w/ 2 huge balconies. SS appliances, wash/dry, 2-car garage. Huge storage shed, a must see, Military OK! $3500/mo. Call Joe @ 483-3333!

Mangilao Nice house on a cul-de-sac street in Latte Hts. 4 bedrooms, 2 baths with all ceramic tiles and split a/c units per room. Newer kitchen counters and appliances. Fenced back yard. Has always been leased to military personnel for their tour on Guam. Asking $2,100 / month. Call DEANNA @ 688-2855

Asan 3bd./2ba. Ocean Views Newly Renovated - All ceramic tiles. New a/c's. Asking: $1,900.00/mo. Call FRANK @ 479-4663

Barrigada 2b/1b, near Subway with water $830/mo. Please call 637-7165 / 688-0887 / 689-3333

Dededo Ester Garden: Large 2BD/2BA. Very nice. 1,000 SqFt, $800/month. Call W. Yamamoto Realty @ 637-7165. 26 CasaGuam April 2013

Perez Acres: 3 bedroom / 1.5 ba townhouse with extra room great for family room or office, gated and secured community, pool, mail delivery. Asking $1900 . Call CORAL SEA REALTY 649-6088

Residential Sales

Tamuning

Barrigada

Sunrise D Condo. Large 2BD/2BA. Pool. Very nice. 1,000 SqFt. $1,000/month. Call W. Yamamoto Realty @ 637-7165.

Large 4BR/2Ba 1800sqft. House Only 248,000 637-7165 / 688-0887 / 689-3333

Beverly Palms: 3bd/2ba, 2 story condo unit, w/pool, semi-furnished, appliances, high ceilings, & nice open floor plan BUY SELL or RENT www.GUAMLISTINGS.com 482-6252/777-3728 MLS 12-2250

Dededo

Condo units - 3bd/1ba, renovated, $1100/mo & 3bd/2ba excellent cond. $1700/mo BUY SELL or RENT www.GUAMLISTINGS.com 482-6252/777-3728 • MLS 12-509 & 12-523 Tumon 2bd / 2 ba + Den. excellent condition. Asking $1200. Please call 637-7165 / 688-0887 / 689-3333 / 477-7042

Asan Asan Beach House Newly Renovated, Fresh paint and ceramic tiles. Asking: $2,200.00/mo. Call FRANK @ 479-4663

Perez Acres: 4 bedroom, 2 bath with pool & playground. Corner unit. Asking $1,900/month. Call SANDY @ 687-6006

Villa Rosario Condo: 3bd 2ba Excellent Condition, Pool, Tennis Court, Play Ground Good Location $160,000.00 Call W. Yamamoto Realty @ 637-7165. Pacific Gardens. 3rd Floor. Large 3BD/2.5BA/2Den. Pool. Excellent Condition. $255,000. Call W. Yamamoto Realty @ 637-7165. Pacific Gardens. 1st Floor. Pool. Security. 1BD/1BA. $47,000. Call W. Yamamoto Realty @ 637-7165. For Sale By Owner Summer Palace Estates Located close to Cost-U-Less in Harmon 4Bd/2.5Ba 2100 Sq. Ft. Home located in a secured gated community with swimming pool, tennis court, and playground. New granite countertop and tile floor throughout with typhoon shutters. $440,000.00 Please call 777-0951

Harmon

San Vitores Terrace Condo: 3bd/2ba, 3rd floor unit with oceanview, upgraded unit with new carpets, pool, security and basic cable TV. $1800. Call Coral Sea Realty 649-6088

Duplex. 2BD/2BA. Very clean. Near Cost-U-Less. Water incl. $850/month. Call W. Yamamoto Realty @ 637-7165.

San Vitores Terrace Condo-2bd/1ba, 3bd/2ba – walking distance to beach, rest/bars, church. Asking $950 $1800/mo. CSR- PB 649-6088

3bd/2ba townhouse, 2 story, central a/c, typhoon shutters, excellent cond. $195K BUY SELL or RENT www.GUAMLISTINGS.com 482-6252/777-3728 MLS 11-4372

Oka Towers Condo: 1bd/2bd/3bd avail. Great amenities, secured entry, rent incl. basic cable and water $1050.00 - $1550.00 CSR- PB 649-6088

Houses - 3bd/1.5ba, carport, renovated, appliances, & a/c Asking $195K & 3bd/2ba, huge yard, Asking $179K BUY SELL or RENT www.GUAMLISTINGS.com 482-6252/777-3728 MLS 12-2579

Las Palmas PH II – 3bd/2ba, stv/ref/ca/c,w/d, pool, mail delivery, basic cable $1350/mo. CSR – PB 649-6088

3BD/2.5BA Townhouse. Pool. Security. Tennis Court. $1,900/month. Call W. Yamamoto Realty @ 637-7165. Large 4BD/2.5BA. Single home. Pool. Security. Tennis Court. $2,300/month. Call W. Yamamoto Realty @ 637-7165. Harmon Ct. Townhome. 3BD/2BA. Sec. 8 OK. $1,200/month. Call W. Yamamoto Realty @ 637-7165.

Tumon Tumon Horizon Condo: 2bd/2ba, 5th floor, water incl., pool, security $950.00 CSR- PB 649-6088

Paradise Estate Home - 3bd/2ba, 2 car garage, appliances, central a/c, typhoon shutters, secured entry, gated community, Asking $274,900 482-6252/777-3728 MLS 12-2026


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Classifieds Mangilao

Yona

Latte Heights House with 3 br / 2 ba, ideal location w/ carport, fully fenced, gated, spacious yard w/ patio. Asking $200K. Please call ANGIE @ 727-2228

Winward Hill Estates: Lovely 4 bedrooms / 2.5 ba with beautifully upgraded kitchen and bathrooms, nicely appointed living & dining spaces & bedrooms. Large, well maintained yard with lots of gorgeous plants, flowers, trees and a cozy verandah & spacious tool shop in the middle of it all! Come see this beauty in Yona. Asking $289,000. Call MARILOU @ 988-5600

Mongmong-Toto-Maite Exceptional 3bd and 3.5 ba home Enjoy the view, separate refrigeration and stove for the person who enjoys cooking, the pool and the great central location. Asking $630k Call JUDY @482-7775

Land for Sale Chalan Pago

Ordot-Chalan Pago Chalan Pago 2bed1bath SFD for sale. 1169sq.m lot Asking $119k. Call Karen 988-1883

Chalan Pago LAND FOR SALE Wow! What a view you have to take a look at this large lot. Come see and fall in love! Only $210K. Call Century 21 Commonwealth Realty @ 649-2121.

Sinajana Dededo Large 4BR/3Ba 2755sqft w/1600sqft covered deck/porch. Detached util & gen. room. Walled/Gated & beautifully landscaped. $592K. Call Michael@ 487-4111

Tamuning Condo units - 3bd/1ba, renovated, $125K & Agana Beach Condo, 3bd/3ba, beachfront, bank foreclosed, appliances, split a/c units, $500K 482-6252/777-3728 MLS 12-1565 & 12-1621 TAMUNING Executive 2 Storey Spacious House for Sale by Owner. Great location beside Cost-U-Less Tamuning and GPO. Great lifestyle and community environment with 5 bd/3ba corner lot; nice sized bd on 1st and 2nd flr; luxurious master suite w/ jacuzzi spa tub; quality granite staircases; hardwood railings; crown molding all over the house with open spacious kitchen and stainless steel appliances. Please call owner/lv msg at 727-6456.

Tumon

Dededo Land 18585Âą Very Nice $85,000 637-7165 / 688-0887 / 689-7900. Dededo Lot with a fabulous view overlooking the city. Great potential for future development. $400K. Call HANA @ 777-3660

Merizo Enjoy the view when you build on close to 1 acre of property located on Guam's countryside fronting Route 4. Great size and great potential. Only $60K. Call JOYLYN @ 488-5069

Piti Turner Rd. - Channel 10 - (Nimitz Hill) Piti. 151,508 sq. meters of unobstructed ocean views Asking: $2,300,000.00 Call FRANK @ 479-4663

Talofofo Nice 2 and 3 bedroom condo with panoramic ocean view and city view and waliking distance from the shops and hotels. Please call George 483-9111 Century 21 CR.

Perez Heights, Ipan, Talofofo Executive / Investment House Lot Only $58k, 929sm, 565-4464

Lily Village Tumon Condo. Nice. 3BDM 2BA Fully Renovated. $2,000/mo.

R-2 Lot Call 646-7137

Yigo Executive 2-story house with a great view, fully fenced and a quiet area. 5bd/3ba w/ 2 huge balconies. SS appliances, wash/dry, 2-car garage. Huge storage shed, a must see! $425K Sale. Call Joe @ 483-3333!

Tamuning

Yigo 1/2 acre. $48,000. Call W. Yamamoto Realty @ 637-7165. Yigo Lot. 3,716 SM. Near Marianas Terrace. Asking $90K. 482-4354. CasaGuam.com 27


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Closing

By Peggy Araullo Llagas

Message from the Executive Officer FAQs about The “Do-Not-Call” Registry

Do Not Call!

in that state from making intrastate calls to persons on the Federal list, notwithstanding the state exemption. It is also important that other exemptions in the state law such as those for existing business relationships and also calling time restrictions be considered when determining compliance requirements, as more restrictive state laws will remain in effect. It is also important to note that some states continue to maintain their own “do-not-call” lists which are not integrated into the federal list. In those states, real estate professionals who would like to make telephone solicitations will need to consult both the state and federal lists. How do I get the list and what does it cost?

NAR has received numerous questions about the Rules, and below is a collection of these questions and answers. Note that these are not intended to be definitive interpretations of the Rules, but rather are based on our best understanding of the FCC's actions. If you are unsure of how the Rules will impact your telemarketing activities, it is recommended that you consult with your attorney before taking any action. What is the Do-Not-Call Registry and how did it come about? In December of 2002, the Federal Trade Commission ("FTC") finalized amendments to the Telemarketing Sales Rule ("TSR"). Key among the changes was the development of a national “Do-Not-Call” registry directed at stopping most unwanted interstate telemarketing calls to consumers. The new FTC rules provide consumers with the ability to place their telephone number on the registry. Telemarketers will be prohibited from calling anyone whose name is on the registry unless they meet certain criteria. In a separate but similar effort, on June 26, 2003, the FCC announced final amendments to its telemarketing rules that would, among other things, prohibit intrastate calls to any person on the National Do-Not-Call registry, in addition to the prohibition against interstate calls established under the FTC rule. This is a significant change and as a result, all real estate professionals making interstate as well as intrastate calls must comply with the requirements of the National Do-Not-Call registry, regardless of state law exemptions. What if my state has a "do not call" rule that provides an exemption for real estate licensees or other real estate activity exemption? Does the FCC rule still apply to intrastate calls that are permitted under my state's law? Yes. The FCC action preempts state law that is less restrictive. A state do not call law that provided an exemption for real estate licensees would be considered less restrictive and therefore preempted, prohibiting real estate professionals 28 CasaGuam March 2013

Telemarketers are able to access the registry since September 1, 2003. A telemarketer will receive access to the database by registering on the FTC's website. Following registration, the telemarketer will receive a unique account number that they may provide to any telemarketer or service provider that they employ on their behalf. In a real estate brokerage, real estate brokers can register and provide the account number to their agents. This will allow agents within the same brokerage the ability to access the registry under the same registration as the broker. The rules establish a bright line test under which corporate divisions, subsidiaries, and affiliates will be treated as separately for the purposes of gaining for access to the registry. Entities will be considered separate if: 1) they are separately incorporated or for a non-corporate entity such as a partnership, they are a distinct legal entity, and 2) they have different names or market their products under different names. The list will be sorted by area code and telemarketers will be able to obtain the requested area codes from the FTC. Five area codes will be provided at no charge and additional ones will cost $54.00 per area code, up to a maximum annual fee of $14,850 for access to the Entire List. These charges will give the telemarketer access to the area codes they select for one year. Following the conclusion of the year, the telemarketer will need to renew its subscription for registry, including paying additional subscription fees if it has elected to receive access to more than five (5) area codes. The FTC will also maintain an Internet page where telemarketers can look up a single number at a time free of charge. Telemarketers can look up to ten (10) numbers at a time. How often does a business have to check the Registry? Telemarketers are required to check the Registry at least every thirty one (31) days. When will the “do-not-call” requirements go into effect? Enforcement of the Do-Not-Call registry requirements began in October 1, 2003.

See Part II Next Month for Exemptions to the Rules For More Information Contact: Peggy Araullo Llagas, Executive Officer Guam Association of REALTORS® Suite 236A Julale Center 424 West O'Brien Drive, Hagatna, Guam 96910 Tel: (671) 477-4271 • Fax: (671) 477-4275 Mobile: (671) 689-4271 • www.guamrealtors.com


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We speak Russian, Farsi, Chinese, Korean, Japanese, Filipino, and Chamorro facebook.com/Century21CommonwealthRealty

RENTALS Apusento Gardens, Ordot-Chln Pago - 1Br/1Ba - $750 - #13-600 Flora Pago Condo, Ordot-Chln Pago - 3Br/2.5Ba - $1,500 - #13-662 Munessa Lujan Rd., Ordot-Chln Pago - 3Br/2Ba - $2,000 - #13-693

Mangilao $430K 4Br/2.5Ba #13-373

Barrigada $375K 3Br/3Ba #12-2245

Tamuning $165K 2Br/2Ba #13-582

Tamuning $240K 3Br/2Ba #12-4305

Tumon $245K 2Br/2Ba #13-291

Dededo $365K 4Br/3Ba #13-727

Mangilao $41K 2Br/1Ba #13-882

Ordot-Chln Pago $95,500 2Br/1Ba #13-641

Ordot-Chln Pago $449,900 4Br/3Ba #13-540

Tamuning $323K 4Br/2.5Ba #13-627

Tumon $80K 2Br/1Ba #13-864

Tumon $220K 3Br/2Ba #13-771

Yona $175K 5Br/2Ba - #13-797

Yigo $175K 3Br/1.5Ba #13-134

Agana Heights $200K 3Br/2Ba #12-1164

Barrigada $379,990 6Br/3Ba #13-925

Tamuning $170K 1Br/1Ba #13-920

Yigo $200K 4Br/2Ba #13-946

Barrigada $395K 4Br/3Ba #12-3866

Dededo $180K 2Br/3Ba #12-1959

Tumon $260K 3Br/2Ba #12-2497

Tumon $380K 4Br/2Ba #12-3687

Mangilao $234,900 4Br/3.5Ba #12-4532

Dededo $139,900 4Br/2.5Ba #12-4490

Yigo $5,000,000 Commercial #12-3100

Tamuning $349,000 Multi-Family #12-413

350 Rt. 4, Ordot-Chln Pago - 3Br/2.5Ba - $2,200 - #13-629 Scharf St., Piti - 2Br/2Ba - $750 - #13-563

Poinciana Garden Condo, Tamuning - 4Br/2.5Ba - $2,200 - #13-628 530 Jonestown, Tamuning - 3Br/2.5Ba - $2,800 - #13-626 San Vitores Garden, Tumon - 3Br/2Ba - $1,500 - #13-642 115 Dago St., Mangilao - 3Br/3Ba - $1,300 - #13-283 Las Palmas Phase I, Dededo - 3Br/3Ba - $1,500 - #12-4308 N. Paulino Hts., Talofofo - 3Br/2.5Ba - $2,450 - #13-108 Blue Pacific Lattice, Tumon - 1Br/1Ba - $1,700 - #13-172 Blue Pacific Lattice, Tumon - 2Br/1Ba - $2,000 - #12-4561 Palm Seas Condo, Tumon - 3Br/2Ba - $2,450 - #13-185

Homes & Condos

Gov. Bradley St., Tamuning - 3Br/2Ba - $1,700 - #13-678

268 Chln Binadu, Yona - 4Br/2Ba - $2,200 - #12-3225 Sgt. E. Cruz St., Santa Rita - 3Br/2Ba - $2,000 - #13-896 Holdiay Tower Condo, Sinajana - 2Br/2Ba - $2,200 - #13-924 Oka Tower Condo, Tamuning - 1Br/1Ba - $1,400 - #13-945 Chln Canton Tasi, Merizo - 1,200SqFt - $1,200 - #13-682 Rt. 16 Army Dr., Barrigada - 750SqFt - $950 - #12-3837/8 Harmon Industrial Park Rd., Tamuning - 10,400SqFt - $4,000 - #13-98 Marine Corps Dr., Tamuning - 300SqFt - $240 - #13-1004 Marine Corps Dr., Tamuning - 893SqFt - $715 - #13-999 Marine Corps Dr., Tamuning - 1,320SqFt - $1,056 - #13-1002

LAND Oceanview Property - 1,123sm - $150,000 - #12-4907 Monessa Lujan, Ordot-Chln Pago - 1,608sm - $190,000 - #13-611

Commercial & Multi-Family

Ipan Padua Lane, Talfofo - 969sm - $45,000 - #13-637 Gayinero Road, Yigo - 930sm - $155,000 - #13-883 N. Paulino Hts Rd., Talofofo - 990sm - $59,900 - #13-358 Rt. 4 Ipan, Talofofo - 1,370sm - $92,000 - #12-4077 Off Chln La Chanch, Yigo - 1,858sm - $56,000 - #13-315

Tamuning $350,000 Multi-Family #13-731

Tamuning $4,800,000 Commercial #12-458


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