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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... View More 
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... View More
am i a successor? house was given to me in our decree. what options do i have?
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... View More
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... 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.
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... View More
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... View More
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.... View More
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... View More
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... View More
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... View More
My gram passed (no will) and her husband passed 6 moths later (no will step kids only) After she passed he never titled the house in his name. the hiers from my gram are all on the same side. gramps parents and siblings are all passed. Does the title to the house stay with my grams estate since he... 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
Our lives and the house is still in both our names.. She is living there still and i want out of the mortgage without losing my half of the house. What steps do i take?
answered on Jul 20, 2020
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.
We are getting ready to close, my husband would prefer not to be on the deed for personal reasons even though the mortgage is soley in his name
answered on Jul 18, 2020
The mortgage lender will almost certainly require that your husband's name be on the deed, but you can always ask the lender.
I did agree to pay 875 in text
answered on Jun 27, 2020
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
We closed on our new home a few days back. It stated in our contract the property was to be empty at closing, during the final walk through the seller still had loads of stuff left behind. We verbally agreed to grant an additional 3 days for them to move out. It’s the 4th day their dragging their... View More
answered on Jun 21, 2020
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
They have removed the listing as I e-mailed them but how are they allowed to do this?
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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.
We purchased a home in 2014. The original listing was posted as 2.5 acres by the realtor. We are now learning that we only purchased 1.3 acres. Do we have any recourse?? We feel we were duped with the pricing of the property.
answered on Jun 14, 2020
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
do I have to refund the pro-rated rent or can I apply it towards the substantial damages?
Also if she attached something to my houses exterior with bolts is it now part of the property or can she remove it when she leaves?
answered on May 29, 2020
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
Is on Mainecare but say if he needed to go into longterm care could they still try to take the house from me? Even though my name is first?
answered on May 4, 2020
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
answered on Apr 30, 2020
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.
What is my recourse? Town clerk says I should let them keep it because they paid prop tax on it last yr. I have paid taxes on it for over twenty years. Taxes are up to date
answered on Apr 30, 2020
You should get a copy of the deed so you can confirm who is listed as the seller is on the deed. Then check to see if the seller had a valid ownership or other interest in your 12-acre lot, so you can determine whether the seller could validly transfer title to your neighbor. You may be able to... View More
no more than $1,500.00. When I called the town they said I had received notice. I had received something last July stating a lien was being put on the property. I did not know that they could/would sell it. I usually pay my taxes every couple of years and this land has been in my family for over... View More
answered on Apr 28, 2020
The answer will likely depend on whether the town followed the appropriate statutory procedure, including providing you with proper notice. That will depend on the specific facts of your situation. Did the notice you received last July indicate that you could lose the property to tax lien... View More
answered on Apr 22, 2020
The short answer is yes, but how you do it really depends on all the facts and circumstances. My partner, Cecilia Guecia, can likely help you with this if you are looking to consult with a lawyer. Her number is 846-6111.
answered on Apr 17, 2020
You should review the terms of the contract to see if it addresses this issue.
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