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Questions Answered by Fred Bopp III
2 Answers | Asked in Estate Planning for Maine on
Q: What is the age requirement for a person to be counselled by an elder care lawyer?
Fred Bopp III
Fred Bopp III answered on Feb 10, 2020

There is no age requirement, so to speak. One can begin planning for elder law issues, depending on what those issues are, early on in life, if that makes sense. We do provide elder law services and would be happy to speak with you further. www.boppguecia.com

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1 Answer | Asked in Foreclosure, Real Estate Law and Collections for Maine on
Q: Is my girlfriend allowed to gain the title to her trailer after a profit loss write off on the mortgage?

My girlfriend and her mother both had their names on a mortgage for her trailer. It was paid on decently from 2015 to the end of 2018 when her mother passed away. Afterwards we spent a couple months trying to contact the company we paid mortgage to, which in turn caused us to talk to the owner. We... Read more »

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

I am sorry, but I would need more information in order to analyze this situation properly. For starters, who is the owner you reference above? Is this person the owner of the trailer? If not, who is the owner of the trailer? Also, who is the holder of the mortgage? Finally, why do you say you... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: If i can get a fax # I could send it for review. I live in California so its 3 hrs different.
Fred Bopp III
Fred Bopp III answered on Jan 30, 2020

My fax # is (413) 702-3124. My email is fbopp@boppguecia.com. Please email me so I have your email address. We will need to run a conflict check, which I can explain further via email. Thank you.

1 Answer | Asked in Real Estate Law for Maine on
Q: We purchased a house in maine and want to close by April 30th 2020. Sellers are trying to stop us

We were to close in April 2020 but seller wants to wait till June and plus wants $3000.00 to prove we want it.

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

If you have a purchase and sale agreement, reviewing that will be a good place to start in looking for an answer. I would be happy to review it and advise you.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: my landlord told me i was gonna be served by the sheriff and then told me no messing around.

My rent is due the 1st of the month. I sent my check out and it must of gotten lost in the mail. So the landlord emailed me and said " As of yesterday, December 11, I had not received rent for the month of December 2019 which was due on December 1. Pursuant to your lease, you are now also... Read more »

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

No, this is not harassment, but there are several potential issues here. One you may want to explore is, assuming this is a residential lease, the maximum late fee for rent not paid within 15 days after it is due is 4% of one month's rent. So, if your rent is $950 per month, the late fee... Read more »

1 Answer | Asked in Consumer Law and Contracts for Maine on
Q: Hello my name is Ashley, I asked Aaron’s to get there stuff 6 months ago and they have not can I legally keep it?

Aaron’s closed its rockland maine shop and I asked them to get there stuff Because I was selling the house and they said they didn’t want to cause they are closing to and to ask another Aaron’s company to collect it so we did and basically got the run around anyways I have received many calls... Read more »

Fred Bopp III
Fred Bopp III answered on Dec 25, 2019

If you have a landlord/tenant situation, you want to review this: https://www.mainelegislature.org/legis/statutes/14/title14sec6013.html

If not, I suggest you review this: https://www.maine.gov/treasurer/Maine%20UP%20Reporting%20Manual.pdf

If this was a rental-purchase situation,...
Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: I am in the process of getting separated and want to purchase a house after separation.

If I purchase a house after a legal separation in Maine, does my spouse have claim to it if it is in my name and I'm paying the mortgage. I am buying the house for her and my children to live in, as I am active duty military and she refuses to leave the state. I am doing this mostly to provide... Read more »

Fred Bopp III
Fred Bopp III answered on Dec 9, 2019

Under Maine law, the general rule is all property acquired by either spouse after the marriage and before a decree of legal separation is considered to be marital property regardless of whether title is held individually. Accordingly, one key question will be did you obtain a decree of legal... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Did I rightfully deduct for damages from a tenant who took over ownership from her grandmother?
Fred Bopp III
Fred Bopp III answered on Dec 8, 2019

In order to provide you with a more complete response, I would need to know more facts and I would need to explore some of the facts you have outlined. For example, I don’t know what you mean when you state: “The security deposit from my previous tenant was transferred over to the... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: My boyfriend is going to be charged with a disorderly conduct

We live in state housing and he is on the lease can the landlord kick him out?

Fred Bopp III
Fred Bopp III answered on Nov 25, 2019

You need to look at the terms of your lease.

1 Answer | Asked in Real Estate Law for Maine on
Q: my Landlord threw away my stuff while I’m still paying rent , what do I do.

My apartment unit comes with additional storage in the attic of the building . Most of the other tenants do not utilize this storage, so most of the storage units are empty. Only a few of the storage units are actually labeled by apartment number, but when I went to put my belongings into storage,... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 23, 2019

Yes, but more facts are needed to assess your situation properly. For example, did you notify your landlord that you were using a storage unit that was not labeled for your apartment unit? I’m assuming you did not. If the landlord thought the property belonged to another tenant who vacated... Read more »

1 Answer | Asked in Civil Litigation for Maine on
Q: I filed a summons with notice in NY.Defendant ignored Summons & filed complaint in Maine based on same dispute.allowed?

The summons with notice was filed in NY for a breach of an LLC operations agreement. The defendant ignored the summons and instead, filed a separate complaint in a different state - in Portland, Maine, which arises out of the same transactions or occurrences that are the subject matter of the NY... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 20, 2019

The short answer is, “it depends.” I would need to know more facts and details to provide a more precise answer. That said, you should keep a few general principles in mind. First, what you are describing may be called either parallel or duplicative litigation, depending on whether the... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: We’re building our home. We are paying cash 4 everything. The land & home will be debt free. Do we need an occ permit?
Fred Bopp III
Fred Bopp III answered on Nov 19, 2019

You should contact your local municipal office to confirm, but the answer is likely yes, you will need a certificate of occupancy. 25 M.R.S. § 2357-A, titled "No occupancy without certificate; appeal," provides as follows: "A building in a municipality of more than 2,000... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: If someone owed 2 months back rent does the landlord have to give back the deposit?

I brought them to court to have them removed. They still owe me rent plus late fees plus repairs. They are telling me I have to give back the deposit. I don't agree.

Fred Bopp III
Fred Bopp III answered on Nov 13, 2019

Depending on the numbers involved, you are likely correct. In a residential lease situation, the landlord can keep all or part of the tenant’s security deposit if there are damages to the property that aren’t just “normal wear and tear” and/or the tenant owes the landlord rent when the... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Do I have to give someone renting a room in my house a key to my garage?

My father allowed my brother to come stay with him for a couple months while he was looking for his own apartment. During that time, my father passed away. I inherited the house and now my brother is renting a bedroom from me, there is no lease. He insists that I give him a key to my garage and has... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 13, 2019

I am assuming you are now the sole owner of the house and your brother is a tenant at will under an oral agreement with you. In these circumstances, I don’t see any reason why you would need to give him a key to the garage, especially since you are allowing him to access the items he has in... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: Do we have a legitimate claim against the inspection company?

We purchased a home in Cumberland County Maine a few months ago. After we closed on the property, we noticed a sag in the roof. This is was never disclosed in the home inspection report. The seller hired the home inspector, not us. It seemed thorough, so we relied on that and went ahead with... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 12, 2019

You may have a legitimate claim against the inspection company, but it will depend on the development of further facts. These types of claims are very fact-specific and can be expensive and difficult to litigate.

1 Answer | Asked in Contracts and Real Estate Law for Maine on
Q: I signed a contract for deed in feb 2017. The "owner" refinanced my house twice since . Wont allow me to pay it off.

Been paying faithfully for almost 3 yrs... including taxes

She did not record our contract, nor does she have the deed. Do I have recourse?

Fred Bopp III
Fred Bopp III answered on Nov 7, 2019

I am sorry, but there aren’t enough facts in your question to allow me to answer it. Perhaps it would be more efficient and helpful for you to call our office at your convenience at 846-6111 and ask for my partner, Cecilia Guecia?

1 Answer | Asked in Real Estate Law for Maine on
Q: Are brokers in Maine obligated to provide a disclosure for known hazardous materials in a bank owned property?

We purchased a bank owned foreclosure and discovered the attic has visible asbestos containing vermiculite insulation.

Fred Bopp III
Fred Bopp III answered on Oct 22, 2019

33 M.R.S. § 172(3) provides: "[t]he following transfers are exempt from this subchapter: . . . 3. Power of sale. Transfers by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a mortgage or deed of trust or secured by... Read more »

1 Answer | Asked in Estate Planning for Maine on
Q: my dad's estate which is his house has gone into probate. waiting the 4 months to make sure no creditors. If we sell

the house before and put money away but a creditor comes back for more $ than the house sold is the estate liable?

Fred Bopp III
Fred Bopp III answered on Oct 21, 2019

I am sorry for your loss. If the creditor received proper notice under 18-C M.R.S. § 3-801(1), Notice to creditors, and failed to present its claim within 4 months after the date of the first publication of the notice, then this statute provides that creditor’s claim is forever barred. Your... Read more »

1 Answer | Asked in Civil Litigation for Maine on
Q: If my boyfriend and I are named on a lease and he only signed it does that also make me responsible for payment?

We have moved out of the place and I never signed the lease but he did. Now they want back rent from both of us. Do I have to pay since I didn’t sign the lease?

Fred Bopp III
Fred Bopp III answered on Oct 5, 2019

Generally speaking, if you did not sign the lease, it means the landlord may not be able to pursue a breach of contract claim against you. That said, the landlord would likely have claims against you for unjust enrichment and/or what is called quantum meruit. To establish a claim for unjust... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maine on
Q: Can someone in a subdivision tart a dirt road without getting permission from the property owners the road pass by?
Fred Bopp III
Fred Bopp III answered on Sep 18, 2019

I would first start by looking at the relevant subdivision documents to see what they provide. Likely, your answer is in those documents.

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