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,... View More

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answered on Feb 3, 2021

Yes, it happens constantly. Boundary Line Disputes and Easement Suits necessarily involve others' land. The defendant in Ejectment Suits may dispute title. Many other causes of actions are filed dealing with land titled to someone else other than the plaintiff.

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.

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... View More

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... View More

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... View More

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answered on Oct 12, 2020

Your situation is exactly why you need an attorney. Hire a competent local attorney to conduct a title search, then prepare an enforceable Deed. There are title problems that cannot be cured, and you do not want to have one. The cost should be minimal.

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... View More

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... View More

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... View More

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answered on Sep 14, 2020

Hire an attorney in Maine to conduct a title search. You have not stated what estate the grandparent had. Once the title is determined, then the heirs at law are determined. Heirship needs to be determined up to the present, and these are owners as tenants in common. A complex Affidavit of... View More

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.

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

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... View More

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... View More

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answered on Jun 18, 2020

I doubt you have any damages. But if you do, then contact a local personal injury attorney to file a Defamation Of Title Suit. You have already forced them to mitigate your damages, if any. No damages, no tort.

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... View More

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... View More

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... View More

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.