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Questions Answered by Fred Bopp III
1 Answer | Asked in Contracts for Maine on
Q: If I entered a contract to purchase the home but the seller did not have the title to complete the close on our agreed

Closing date. Is the contract null and void. Can I legally chose not to move forward with the purchase of the home and look for another property?

Fred Bopp III
Fred Bopp III answered on Aug 4, 2020

The answer will depend primarily, if not entirely, on the terms of your contract with the seller. What does it say about the consequences of the failure of the seller to deliver title on the closing date? That may give you the right to cancel the contract. If you have a broker, you should be... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: My girlfriend and i purchased a house together in 2006 in Abbot Maine. We split up 3 yrs ago and have both moved on with

Our lives and the house is still in both our names.. She is living there still and i want out of the mortgage without losing my half of the house. What steps do i take?

Fred Bopp III
Fred Bopp III answered on Jul 20, 2020

You would need to refinance the property so that your name is not on the new loan. You will need your ex-girlfriend’s cooperation to explore that possibility.

1 Answer | Asked in Real Estate Law for Maine on
Q: Is the person holding the mortgage loan on a home purchase required to be listed on the deed in Maine?

We are getting ready to close, my husband would prefer not to be on the deed for personal reasons even though the mortgage is soley in his name

Fred Bopp III
Fred Bopp III answered on Jul 18, 2020

The mortgage lender will almost certainly require that your husband's name be on the deed, but you can always ask the lender.

1 Answer | Asked in Contracts and Real Estate Law for Maine on
Q: I owe 875 dollars back rent and she is also suing me for a plane ticket she bought me. We had no lease

I did agree to pay 875 in text

Fred Bopp III
Fred Bopp III answered on Jun 27, 2020

You likely owe the amount of $875, even without a written lease, because leases can be oral and, as you say, you agreed to pay that amount in a text. It is difficult for me to respond on the plane ticket. What was your and her understanding at the time she bought the ticket? Was the ticket a gift... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Maine on
Q: Who owns property left in house/garage after closing. Located in Maine.

We closed on our new home a few days back. It stated in our contract the property was to be empty at closing, during the final walk through the seller still had loads of stuff left behind. We verbally agreed to grant an additional 3 days for them to move out. It’s the 4th day their dragging their... Read more »

Fred Bopp III
Fred Bopp III answered on Jun 21, 2020

Although I realize this is not a landlord-tenant situation, I would think if you followed the procedure outlined under Maine law for personal property that is abandoned or unclaimed by a tenant following the tenant’s vacating a rental unit, which can be found at 14 M.R.S. § 6013, you should be... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: I have a question about real estate law.

We purchased a home in 2014. The original listing was posted as 2.5 acres by the realtor. We are now learning that we only purchased 1.3 acres. Do we have any recourse?? We feel we were duped with the pricing of the property.

Fred Bopp III
Fred Bopp III answered on Jun 14, 2020

Yes, you have potential recourse, including without limitation, possible claims for fraud, misrepresentation, and breach of statutory duties, but the clock is ticking. The general statute of limitations in Maine to commence a civil action (lawsuit) is "6 years after the cause of action... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maine on
Q: If my at will tenant paid a month's rent. I'm evicting her, (7 day) can i keep rent for damages?

do I have to refund the pro-rated rent or can I apply it towards the substantial damages?

Also if she attached something to my houses exterior with bolts is it now part of the property or can she remove it when she leaves?

Fred Bopp III
Fred Bopp III answered on May 29, 2020

First, Maine law provides: "If a tenant who is 7 days or more in arrears in the payment of rent pays the full amount of rent due before the expiration of the 7-day notice in writing, that notice is void." It sounds like you can no longer evict your tenant, but you can keep the rent she... Read more »

2 Answers | Asked in Landlord - Tenant for Maine on
Q: Do I have to allow property manager entry to my unit to film a walkthrough during stay at home order?

I am moving out the first week of June. Landlord said the property manager needs to enter my unit ASAP to film a video walkthrough for prospective tenants. Is this compliant with current COVID regulations? Three unit non-owner occupied residential building in Portland.

Fred Bopp III
Fred Bopp III answered on May 5, 2020

The first thing you want to do is review your lease to see if there is any language in it addressing this situation.

As to the COVID issues, on April 15, 2020 the Maine Department of Economic and Community Development (DECD) released new guidance for its previous determination that real...
Read more »

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1 Answer | Asked in Real Estate Law for Maine on
Q: Hello so I have a couple questions. My father and myself are on the deed to our house, my name being first then his, he

Is on Mainecare but say if he needed to go into longterm care could they still try to take the house from me? Even though my name is first?

Fred Bopp III
Fred Bopp III answered on May 4, 2020

Generally speaking, when applying for MaineCare long-term care benefits, the applicant’s primary residence will be an excluded asset if:

1. They are living in the home or intend to return home; and

2. The equity in the home is less than or equal to $750,000.

For planning...
Read more »

1 Answer | Asked in Collections for Maine on
Q: Which state determines a foreign judgment's expiry?

I had a default judgment against me in another state, where judgments expire after 10 years. The judgment expired and I believe its renewal would have required me to be notified, which I was not, so I believe it wasn't renewed. But  when it was first obtained, it was registered in my home... Read more »

Fred Bopp III
Fred Bopp III answered on May 4, 2020

The general rule is that judgments registered in a new state are treated the same as judgments issued originally in the new state for purposes of enforcement, so it is likely that the 20-year expiration period of the new state applies to the registered judgment (at least as to enforcement efforts... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: I do have my deed & the fake seller clearly never owned it
Fred Bopp III
Fred Bopp III answered on Apr 30, 2020

Then you still own the property. You should show what you have to the buyer and explain to him or her that he or she doesn't own the property.

1 Answer | Asked in Real Estate Law for Maine on
Q: An out of state person sold my 12 acre lot in Maine to my neighbor 18 months ago. They used a warranty deed

What is my recourse? Town clerk says I should let them keep it because they paid prop tax on it last yr. I have paid taxes on it for over twenty years. Taxes are up to date

Fred Bopp III
Fred Bopp III answered on Apr 30, 2020

You should get a copy of the deed so you can confirm who is listed as the seller is on the deed. Then check to see if the seller had a valid ownership or other interest in your 12-acre lot, so you can determine whether the seller could validly transfer title to your neighbor. You may be able to... Read more »

2 Answers | Asked in Estate Planning for Maine on
Q: I want to establish a living trust. I have a home in NH and a home in ME. Do I need to record the trust in both states?
Fred Bopp III
Fred Bopp III answered on Apr 29, 2020

The short answer is yes. Whether you should use a living trust or some other form of ownership to hold the property is a separate question, the answer to which will depend on your circumstances and what you are trying to accomplish.

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2 Answers | Asked in Real Estate Law for Maine on
Q: The town that I live in, in Maine, sold my property because my taxes were 18 months past due. The total was probably

no more than $1,500.00. When I called the town they said I had received notice. I had received something last July stating a lien was being put on the property. I did not know that they could/would sell it. I usually pay my taxes every couple of years and this land has been in my family for over... Read more »

Fred Bopp III
Fred Bopp III answered on Apr 28, 2020

The answer will likely depend on whether the town followed the appropriate statutory procedure, including providing you with proper notice. That will depend on the specific facts of your situation. Did the notice you received last July indicate that you could lose the property to tax lien... Read more »

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1 Answer | Asked in Landlord - Tenant for Maine on
Q: hello i have a year lease and it ends june 1st landlord doesn't want to extend lease for us

i was hoping to extend the lease one month he denied it after we decided we did not want to buy the house. and with the stay at home oder we have been having difficulty finding our new home can he evict us on june 1st we live in maine thank you for your help joey

Fred Bopp III
Fred Bopp III answered on Apr 23, 2020

Your landlord can start the eviction process the day after your lease ends. Whether that process can move forward in court will depend on whether the courts will be scheduling and holding hearings in eviction actions at that time.

3 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for Maine on
Q: My mom was married 33 years her husband passed on April 8th his son served her with eviction this week can he do that

The son took the safe out of house 2 days before his father died refuses to tell her if there is a will She is 81 And can’t afford d a lawyer what r her rights the house did belong to her husband but his son took deed over before he died son claims

Fred Bopp III
Fred Bopp III answered on Apr 22, 2020

I am sorry, but there aren't enough facts provided to answer your question. Your mom should contact the Maine Center for Elder Law at 207-467-3301 and https://mainecenterforelderlaw.com/.

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1 Answer | Asked in Real Estate Law for Maine on
Q: Should the name of a recently deceased person be removed from a deed even with proper wills on place?
Fred Bopp III
Fred Bopp III answered on Apr 22, 2020

The short answer is yes, but how you do it really depends on all the facts and circumstances. My partner, Cecilia Guecia, can likely help you with this if you are looking to consult with a lawyer. Her number is 846-6111.

1 Answer | Asked in Real Estate Law for Maine on
Q: How can a seller get out of a real estate contract? just signed yesterday
Fred Bopp III
Fred Bopp III answered on Apr 17, 2020

You should review the terms of the contract to see if it addresses this issue.

1 Answer | Asked in Real Estate Law and Small Claims for Maine on
Q: I have a question about the sale of a “park model trailer.

Negative

Fred Bopp III
Fred Bopp III answered on Apr 13, 2020

I think the answer here will likely boil down to the language of the sales agreement. How does it define the property that was sold? Does it say anything about whether the propane in the tank was included? If there is no applicable language, you would probably turn to the typical course of... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: Property left behind on a closing in Maine.

Okay so I'm closing on a home in less then a week, seller has not removed items from the property yet that are not under the contract of sale and I'm not sure if he's planning to. Now with that being said these items I would not mind keeping, it he doesn't remove them and we... Read more »

Fred Bopp III
Fred Bopp III answered on Apr 9, 2020

Since you state that the items are not included under the contract of sale, you are not buying them as part of the sale. If he doesn’t remove them and you close, they are not yours; he can come back down the road and want/retrieve them after the sale. There are other laws that would possibly... Read more »

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