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Questions Answered by Fred Bopp III
1 Answer | Asked in Real Estate Law for Maine on
Q: This would be a question about Maine real estate contract law.

The seller has to withdraw from the sale of his home which is under contract. The seller was moving out of state to new job offering ,but the job offer was withdrawn. can the seller cancel the contract and remove his home from the market. buyers are trying to force the sale.

Fred Bopp III
Fred Bopp III answered on Jun 10, 2021

The answer will depend on the terms of the contract. If the contract allows the seller to terminate it for these reasons, then the seller can do so. If not, the buyers have the right to enforce the terms of the contract, which may well mean they can seek to force the sale (pursuant to the remedy of... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Maine on
Q: i have a situation that above me another tenant is doing drugs and pot,and it has made me sick and my cat sick

i did call M.P.D. and they came and tried to get her to talk,she didn't answer and i could hear her above me,i tried the landlord to do something,it has made me sick and my cat,what can i do?

Fred Bopp III
Fred Bopp III answered on Jun 9, 2021

I do not know what "M.P.D." means. I would suggest you report this conduct to your local law enforcement agency and see what they can do for you. You could also report it to the town code enforcement officer or other appropriate official. Here is a link to some more information:... Read more »

1 Answer | Asked in Foreclosure for Maine on
Q: What does a non-profit road association who have liens on a property if they receive notice of a lawsuit from the bank

Federal Home Loan Mort. Corp.

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

You have not provided enough information for me to respond with a complete answer. For example, did the non-profit road association place liens on the property after the bank’s mortgage was already in place on the property? If so, then it sounds like the non-profit road association is a party in... Read more »

3 Answers | Asked in Divorce and Estate Planning for Maine on
Q: How can I protect my home and only be able to leave it to my son in my will and not his wife in case they divorce?

My son and wife are in a rocky relationship. I am leaving him my home (my spouse has died) but I don’t want his wife to get any of it if they divorce.

Fred Bopp III
Fred Bopp III answered on May 18, 2021

This is not my area of expertise, but if you are interested in exploring these issues further with a Maine attorney, my partner, Cecilia Guecia, practices in both of these areas (estate planning and family law) and I am sure she would be happy to have an initial discussion with you about your... Read more »

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1 Answer | Asked in Real Estate Law for Maine on
Q: In Maine, does majority rule on selling a property if 1 owner doesn't agree? There is nothing in the deed saying "yes"

We disagree on a contractor and selling and 1 of the other 3 owners has threatened to do what they want by majority rule. There is no reference made to "majority rule" in the deed. Can they just do what they want?

Fred Bopp III
Fred Bopp III answered on Apr 26, 2021

The short answer is no. An owner must sign a deed transferring his or her interest in the property to the buyer for the transfer to be effective. A co-owner cannot transfer another owner's interest. If all owners cannot agree about what to do with the property, typically, these situations are... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: A false lien was filed on property of our charity corporation. I need someone just request dismissal by the court.

A prospective buyer of our property hired an architect and did not pay him. The debt collector falsely claimed that we owe the architect and put a lien on the property. We cannot afford a lawyer and just need one to file a motion to dismiss the charity corporation from the suit against the... Read more »

Fred Bopp III
Fred Bopp III answered on Apr 21, 2021

I do not have all the necessary facts to enable me to advise you about this situation, but if you are interested in exploring these issues further with me, I would be happy to communicate with you first to make sure our firm does not have a conflict of interest. Please feel free to contact me via... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: My husband has a mortgage on our house and his mother had to be a co borrower. She has since abandoned the house

She stopped paying her part of the mortgage and refuses to contact us or come get her belongings because “her names on the house it doesnt matter”. The property deed is ONLY in my husbands name so she has no ownership of the lands. Can we legally evict her and her belongings?

Fred Bopp III
Fred Bopp III answered on Apr 7, 2021

As far as evicting her goes, bringing an eviction action (also known as a FED action) should only be necessary if she was either a tenant holding under a written lease or a tenant at will. It sounds like she voluntarily left the home and has no intention of returning.

As far as her...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maine on
Q: My neighbor just cleared his land of all trees right up to my property line. Clear cut! Can he do that? No trees left!

His property was a forest and every tree is gone right up to my property line. Isn’t there a buffer of some sort? I thought it was 15 ft? I was surrounded by woods and now I see his yard and house with no trees at all.

Fred Bopp III
Fred Bopp III answered on Apr 4, 2021

Check with your Town Office to see if there are any state or municipal land use regulations concerning clearing trees and other vegetation that might apply to your neighbor’s property. For example, there are regulations concerning clearing trees and other vegetation in the shoreland zone, which... Read more »

1 Answer | Asked in Civil Litigation for Maine on
Q: Maine stop and identify laws?

I am trying to determine whether Maine has any stop and id laws

Fred Bopp III
Fred Bopp III answered on Feb 28, 2021

Yes, Maine does. See 17-A M.R.S. § 15-A.

P.S. This is a criminal law question, not civil litigation.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can my landlord kick me out for filing a complaint regarding my family’s safety?

We filed a complaint that snowmobiles being started in the garage below us were causing gas fumes in our home. I have a pregnant wife and three small children home all day having to breathe it. Our land lord says they should be able to use their garage how they please without worrying about gas... Read more »

Fred Bopp III
Fred Bopp III answered on Feb 28, 2021

The question is whether the landlord's use of the garage "renders the dwelling unit unfit for human habitation." If so, "then a tenant may file a complaint against the landlord in the District Court or Superior Court. The complaint shall state that:

A. A condition,...
Read more »

2 Answers | Asked in Estate Planning for Maine on
Q: I have no heirs and would like ideas as to how I might plan for my house and property and savings once I am gone.

I'm not interested in donating to huge charities whose CEOs earn 6-figure salaries.

Fred Bopp III
Fred Bopp III answered on Feb 23, 2021

This is a pretty open-ended question, the answer to which will depend on, among other things, your priorities, values, and goals. I would suggest you start a conversation with someone who can help you achieve what you want to accomplish. That person could be a financial adviser or an attorney who... Read more »

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Maine on
Q: My dad passed away two years ago and my stepmom passed a year ago,my step brother has taken over the house ,

We know of nothing will wise and he has taken over everything do I have any right to the house,as of this year the house is still in my dad's name even at the town,his name hasn't been removed from the tax title and no other name is on it

Fred Bopp III
Fred Bopp III answered on Feb 22, 2021

More facts are needed to answer this question, but assuming upon your dad’s death, title to the house passed to your stepmom and, upon your stepmom’s death, title to the house passed to your stepbrother, then you would need to have an enforceable agreement or right with respect to the house... Read more »

1 Answer | Asked in Elder Law and Estate Planning for Maine on
Q: My wife and I live in Maine. My name is not on the deed to our home only hers. Can her family have me removed if she die

My wife and I live in Maine. My name is not on the deed to our home only hers. Can her family have me removed if she died?

Fred Bopp III
Fred Bopp III answered on Feb 22, 2021

More facts are needed to answer this question, but assuming upon your wife’s death, title to the home will pass to someone other than you, then yes, that person would typically have the right to exclusive possession of the property, which means you could be removed, assuming you do not have an... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: We’re buying a Maine home with inlaw unit with our only child and his wife, no mortgage.

Both familes are sharing the cost of the property. Should we put it in JT with ROS to protect all parties, or just put it in the name of my son and his wife.

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

The answer depends on a number of factors, including what the goals of the parties involved are. I would recommend you discuss your situation with a Maine attorney, who can provide you with guidance and advice once he or she has a better understanding of your circumstances and needs. My partner,... Read more »

2 Answers | Asked in Real Estate Law for Maine on
Q: Can someone file a lawsuit regarding a property they don’t own?
Fred Bopp III
Fred Bopp III answered on Feb 3, 2021

Agreed.

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1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can an at-will tenant who payed rent in full sue for constructive eviction if heat was lost and not fixed for a month?

In February 2020 I became an at-will tenant after an amicable year lease expired before I was able to find a new place. Despite my roommate moving without communicating with me: I covered the $1575 rent by myself and confirmed via text I would have another month. Heating system failed the first... Read more »

Fred Bopp III
Fred Bopp III answered on Jan 31, 2021

Question: If I want to sue for $4,000, do I have to produce proof of every expense accrued?

Answer: Yes.

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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