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Questions Answered by Fred Bopp III
1 Answer | Asked in Civil Litigation for Maine on
Q: What do you do when the officer forgets to put a “date served” on your summons?

I received a summons from a deputy probly a week and a half ago now, he said I had 20 days to file paperwork to the court with my lawyer, but I still don’t have a lawyer and there is no “date served” on my summons, the spot is left blank. I’m a simpleton and get anxious not knowing what to... Read more »

Fred Bopp III
Fred Bopp III answered on Jan 20, 2021

Call the County Sheriff's Office and ask them on what date they served you. Alternatively, if there is an attorney representing the other side, her or his information will be on the summons. You can call her or him and ask them on what date the Sheriff's Office served you. Finally, the... Read more »

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: My brothers and siblings took everything jewlery,trains,etc that was of value without reporting it to the probate court.

What can I do? I have a lawyer, he hasn't petitioned the court. My Brother's lawyer keeps telling me its going to take away my part of the Estate if I pursue this.

Fred Bopp III
Fred Bopp III answered on Jan 3, 2021

You should talk with your attorney about your available rights and remedies under the circumstances.

1 Answer | Asked in Estate Planning for Maine on
Q: How can I be granted Power of Attorney by my mother who lives in a different state? I live in Maine and she is in NYC.

Can a Maine lawyer get the proper POA paperwork or do I have to go to NYC to take care of this?

Fred Bopp III
Fred Bopp III answered on Jan 3, 2021

Generally, yes, a Maine lawyer can create a valid power of attorney for your use with respect to transactions that will occur in Maine. For transactions that will occur in NY, a separate power of attorney should be prepared by a NY attorney, which will be valid in NY. You should also keep in mind... Read more »

2 Answers | Asked in Estate Planning for Maine on
Q: Living Trust to protect house and property.

I submitted previous question regarding Living Trust question but wanted to try to clarify better.

Wondering about a Living Trust for home and property upon my death (with money from sale of property designated to non-profits and charities), with my brother as trustee, ,,,,,,,(,I did... Read more »

Fred Bopp III
Fred Bopp III answered on Jan 1, 2021

I believe you could accomplish your goals with the use of an appropriate trust but, as I said before, your situation is complex enough that you should consider contacting an estate-planning attorney admitted to practice in Maine to discuss it further and to learn what your available options are... Read more »

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3 Answers | Asked in Estate Planning for Maine on
Q: Is a Living Trust good for me.

I am single, age 70, no children or partner. I have 1 brother and no close relatives but 1 nephew who I do not want to inherit from me. I own a home and property. I wanted to leave my house and property to charity but if I die before my brother I did want him to benefit from proceeds of the... Read more »

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

A living trust could be an important part of an overall strategy to accomplish your goals, but it sounds like you will need other instruments in place as well, because a living trust typically is only effective during the life of the grantor (you), not after death, and you say you would like to... Read more »

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1 Answer | Asked in Real Estate Law and Legal Malpractice for Maine on
Q: In 2008 /09 I did loan modification, they never told me I was doing a new loan adding 10 more years ....
Fred Bopp III
Fred Bopp III answered on Dec 27, 2020

Have you carefully reviewed all the paperwork you received and/or signed at closing and does that paperwork fail to disclose the additional 10 years? If it was properly disclosed, then you would likely not have a viable claim.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can our deceased landlord’s son take control of the property and astronomically raise our rent?

Our landlord of 12 years just died. She never once raised our rent & we only signed a lease when we moved in. Assuming the ownership of the property (it’s a duplex) gets shifted over to her son, can he raise the rent super high or kick us out? We’ve been great tenants, we’ve caused no... Read more »

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

Not to answer your question with a question, but is the original lease term still in effect? If it is, then your landlord should only be able to increase the amount of rent after the lease term expires.

As far as how much could your landlord increase the rent, normally, a landlord can set...
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1 Answer | Asked in Landlord - Tenant for Maine on
Q: My mother had a verbal agreement to rent to own a house but now the owner saying that they didn't know we were moving

In and had the cops come and give us 48 hours to leave or we will be arrested for trespassing is this legal

Fred Bopp III
Fred Bopp III answered on Dec 16, 2020

You should explain your side of the story to the police. Ask to speak to the Chief, if necessary. Typically, the police will not get involved in civil disputes.

1 Answer | Asked in Contracts for Maine on
Q: Good evening my name is Gil I am purchasing a steel building from a steel company in Littleton Colorado.

When I first spoke with the salesman they told me to send the deposit right away to keep the price from going up. So I did send them $8,000 required by them. A few days later they sent me another statement had a $3,000 price increase. I told him I wanted to cancel and get my money back they said no... Read more »

Fred Bopp III
Fred Bopp III answered on Dec 16, 2020

Your available rights and remedies will depend, first and foremost, on the terms of the contract between the steel company and you. Assuming the contract provides for an agreed delivery date in May, you will need to review the contract terms to see if the terms allow the steel company to change the... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Maine on
Q: My mother has been taking care of some rental property for a man who is now deceased. What can she do to take ownership?

She lives in Maine, has been paying the taxes on the property and isn't sure if the deceased man has any family.

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

I am sorry, but I do not think your mother has any right to take ownership based on her paying the taxes on the property. If she is interested in finding out who owns the property now, then she should check the local registry of deeds records to see if the deceased man owned the property in only... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maine on
Q: Can someone who does not have right of way force you to remove a gate on your driveway. Their land is on other side.

Hello. We have just installed a gate on the road leading to our home. We own the land. Neighbors must use a portion of our road to reach their driveway which we gave ample room for with the install. Their right of way ends at their driveway. They were told about our gate install. The location was... Read more »

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

I am sorry, but I am having a hard time picturing where everything is located based on your description. Also, you say “[t]heir right of way ends at their driveway.” But you also say they are demanding you “remove the post on their side.” You also ask if you are “legally forced to remove... Read more »

1 Answer | Asked in Estate Planning for Maine on
Q: In the state of Maine does a paramour have any legal right to remain in the residence after the boyfriend dies.

The 96 y/o lives in property he once owned but it has been his daughters for the past seven years. He has no interest in the real property not even a life estate. He has a live in gf and he drafted a will giving her everything. Can she stay In the residence for any amount of time ?? I know the... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 15, 2020

To start to analyze your question, I would need to know on what basis the 96 y/o is currently occupying the property. For example, is it pursuant to a lease with his daughter/the property owner? If there is a lease, the likely answer is its terms will govern.

1 Answer | Asked in Real Estate Law for Maine on
Q: My name is on the deed with my ex husband but i am not on the loan. i live in the house and can not refinance on my owm

am i a successor? house was given to me in our decree. what options do i have?

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

It sounds like you will need to find a co-signer with good credit if you want to refinance. If the mortgage company will accept payments from you, then you can simply pay the mortgage each month and continue to live in the house. Failing that, you may need to consider selling the house to pay off... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: my landlord sold the place and when the lease was up the new owners never gave me a new lease and are now evicting us a

evicting us stating we are at will tenants

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

If your lease expired according to its terms, then you are tenants at will. That said, you may have some options and defenses available to you. I would suggest you read the information contained on this website: https://ptla.org/covid-19-maine-eviction-rental-housing-faq

Also, here is a...
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2 Answers | Asked in Real Estate Law for Maine on
Q: Can I buy land in Maine without a lawyer or anything of the sort.what do I legally need to do when buying land privately

I want to buy the land cash I have all the cash for the said land...I do not have a lawyer and neither does she..she just wants it gone and doesn’t wanna spend anymore money I’m not worried about any deed issues or anything as I said she’s a school teacher in town I live in I’m just... Read more »

Fred Bopp III
Fred Bopp III answered on Oct 12, 2020

Providing you with the perspective of a Maine attorney, I agree with Attorney Avery. You are well-advised to speak with a lawyer about your situation. You can explain your situation to him or her and ask for an estimate of the cost upfront.

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1 Answer | Asked in Real Estate Law for Maine on
Q: What is the required process for remotely buying a for-sale-by-owner home with cash in Maine?

We are out of state, and want to buy an inexpensive "as is" house in Maine. We want to complete the sale as simply as possible, and we do not intend to travel there for viewing or to sign documents. We're not asking for any contingencies (i.e. no inspection etc.), we just want to buy... Read more »

Fred Bopp III
Fred Bopp III answered on Oct 2, 2020

Although a title company can likely handle everything with respect to closing the sale (but not with respect to preparing a purchase and sale agreement), you are probably well-advised to speak with a lawyer about your situation, especially given that you do not intend to travel to Maine for... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maine on
Q: Is the landlord required to put a lien on the deed when you're in a rent to own home in Maine?

The documents that I signed clearly state that I'm responsible for the taxes on my mobile home. When I followed up with the town about why I have not gotten the bill, they told me that the landlord/seller (also owns the park) is keeping it in their name and is refusing to put it in my name.... Read more »

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

It sounds like what you are talking about is a land installment contract, the minimum contents of which are specified in 33 M.R.S. § 482.

33 M.R.S. § 482(1)(K) provides the land installment contract shall contain: “A statement which explains that the contract is not a mortgage and that...
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1 Answer | Asked in Banking, Contracts and Real Estate Law for Maine on
Q: Who pays when the bank forgets to deduct utilities from the sale of a house?

We closed on the sale of our house August 3, 2020. I called the utility company to find out what the final utility payment would be and was told the payment amount would be given to the realtor to be deducted from the proceeds of the house. The bank only deducted $100.00, not the total amount of... Read more »

Fred Bopp III
Fred Bopp III answered on Sep 16, 2020

Did you receive an extra $374.50 in sale proceeds because the bank only deducted $100.00, not the total amount of $474.50, from the sale proceeds? If so, then you have to pay the $374.50. That puts all parties where they should have been. Plus, your closing documents probably contain language... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Foundation falling in, no lease, landlord giving us no info

foundation was never safe, tenants werent aware, landlord made them leave, gave them a house to stay in that he is trying to rent out, he is still showing it and will not let us rent it. Tenants not sure if landlord could just make them leave and be done, they have 3 kids and the landlord had let... Read more »

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

Sorry, but I would need a clearer explanation of the facts before I could venture an answer.

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 »

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