I think you mean lis pendens, but in any event, the answer to your question is, as long as the foreclosing bank properly recorded a copy of the foreclosure complaint or what is known as a clerk’s certificate in each registry of deeds in which the mortgage deed is or by law ought to be recorded,... View More

That's a complicated question, and the answer often depends on application of various constitutional doctrines. Usually a warrant is required, but exceptions abound.

If you are just going for child support you will have to present some information to the court as to what his income is and what your income is. they will also need to know cost of daycare if any, cost of insurance for the child/children only, and if there are any extraordinary medical expenses for... View More

It's certainly possible this is a scam, but I would need to see and review the actual documents to confirm that.

The first thing you should do is consult with an attorney in Massachusetts. i dont know Massachusetts law but in Maine people cannot agree to modify child support on their own, it must be done by court order signed by a judge. if you have a court order that says the support drops if you move to... View More

From your question, it appears you are a buyer who was ready, willing, and able to close, but your seller ran into a problem with his/her/its power of attorney (which apparently can’t be cured), and that problem is preventing the seller from conveying title to the property to you under the... View More

Your question indicates that you have a written lease. You will want to review the terms of your lease to determine what your rights and remedies are under these circumstances and then follow the provisions of the lease. In all likelihood, your lease requires you to provide written notice to your... View More

Assuming this is a mortgage on your home, the financial institution must provide you with a written notice of default and right to cure your mortgage loan default (assuming that the default is for non-payment). The notice must state that you are "in default" and that you have 35 days to... View More

If his family has not signed or guaranteed the lease, no. Your claim for rent owed would have to be presented to the representative or executor of the deceased tenant's estate. Generally, the deceased tenant’s estate is legally responsible for rental payments until the lease expires or is... View More

The short answer is yes, but there may be significant consequences caused by the fact that one party started the work before a written contract was in place. For example, under Maine law, "[a]ny home construction contract for more than $3,000 in materials or labor must be in writing and must... View More

Yes, it applies to used cars, but not to golf carts.

In most consumer debt cases, the statute of limitations for filing a debt collections suit is 6 years from the time the consumer stopped making payments on the obligation.

I would need more facts about this situation in order to answer the question. For example, have you been named as a defendant? What are the claims the creditor has asserted in its complaint? is this a consumer or commercial matter?

Under certain circumstances, yes, but I would need more facts to give you a more specific response.

Please see the discussion of the Credit Card Accountability Responsibility and Disclosure Act of 2009 ("CARD Act") on page 15 of the document found at this link: https://www.maine.gov/pfr/consumercredit/documents/2015CreditCardpubl.pdf

Also, Maine law does not limit the interest... View More

Without knowing more about this matter, you probably can request a mediation (many courts now offer mediation as a choice), but it will have to be set up by a mediator, and the Court usually picks the mediator. I assume you are in civil court, as I don't think small claims court offers a... View More

Probate Court decisions may be appealed to the Maine Supreme Judicial Court on matters of law. Here is a website that explains the appeal process to the Supreme Judicial Court: http://www.courts.maine.gov/maine_courts/supreme/appeals.html. I would suggest that you consult with an attorney to... View More

I think the answer, in large part, is going to depend on the language and terms of your condo association documents. You should try to get a lawyer who specializes in condo association law to help you. I can refer you to someone if you like.

Yes, you should ordinarily be able to voluntarily dismiss your small claims court action and refile it in the proper court (depending on what stage the small claims proceedings are at). The other option to consider is waiving the amount of your claim that exceeds the small claims court limit... View More

I'm not sure there is any definitive case law in Maine in this issue, but I do know, in at least some other jurisdictions, courts have held that only an owner, and not a renter, can seek an easement. That is because the renter's use generally inures to the benefit of the property owner.... View More