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Maine Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Maine on
Q: Who owns property left in house/garage after closing. Located in Maine.

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

Fred Bopp III
Fred Bopp III
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

1 Answer | Asked in Real Estate Law for Maine on
Q: Our home was listed on Zillow as a foreclosure and it is not for sale . It was listed for 105 days .

They have removed the listing as I e-mailed them but how are they allowed to do this?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Real Estate Law for Maine on
Q: I have a question about real estate law.

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.

Fred Bopp III
Fred Bopp III
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

1 Answer | Asked in Personal Injury and Workers' Compensation for Maine on
Q: can i sue an employer outside of workers comp for permanent tbi injuries and shoulder surgery with permanent injuries

I have gone through workers comp court and somehow the judge did not hold the employer responsible for this injury. The employer admitted responsibility for shoulder injury but denied responsibility for head injury which was all part of the same fall on work property that was covered in ice and... View More

Anthony K. Ferguson
Anthony K. Ferguson
answered on Jun 10, 2020

You are unable to sue your employer for your head injury because under Maine law an employer is immune from liability outside of any worker's compensation benefits you may be entitled.

Assuming that your employer is not the owner of the property where the injury occurred, you may have...
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1 Answer | Asked in Adoption and Family Law for Maine on
Q: I have a question about adoption, specifically about how it is portrayed in TV shows.

I was researching a few characters in tv shows I watched and their relationships with other characters, and it described as their "adopted niece". Another character from another show was described as someones "adopted granddaughter" and I was confused. Is that something that... View More

Joe Lewis
Joe Lewis
answered on Jun 9, 2020

Hi there.

Maine law only makes provisions for adopting a son or a daughter. So those other terms, while lovely and embracing, have no legal meaning.

Cheers!

- Joe

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maine on
Q: If my at will tenant paid a month's rent. I'm evicting her, (7 day) can i keep rent for damages?

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?

Fred Bopp III
Fred Bopp III
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

2 Answers | Asked in Landlord - Tenant for Maine on
Q: Do I have to allow property manager entry to my unit to film a walkthrough during stay at home order?

I am moving out the first week of June. Landlord said the property manager needs to enter my unit ASAP to film a video walkthrough for prospective tenants. Is this compliant with current COVID regulations? Three unit non-owner occupied residential building in Portland.

Fred Bopp III
Fred Bopp III
answered on May 5, 2020

The first thing you want to do is review your lease to see if there is any language in it addressing this situation.

As to the COVID issues, on April 15, 2020 the Maine Department of Economic and Community Development (DECD) released new guidance for its previous determination that real...
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1 Answer | Asked in Real Estate Law for Maine on
Q: Hello so I have a couple questions. My father and myself are on the deed to our house, my name being first then his, he

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?

Fred Bopp III
Fred Bopp III
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...
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1 Answer | Asked in Criminal Law for Maine on
Q: Is aggravated forgery class b in Maine a felony?
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2020

Aggravated Forgery is a Class B crime in Maine. All Class B crimes are felonies with a maximum penalty, if convicted, of 10 years in prison and $20,000 fine.

1 Answer | Asked in Collections for Maine on
Q: Which state determines a foreign judgment's expiry?

I had a default judgment against me in another state, where judgments expire after 10 years. The judgment expired and I believe its renewal would have required me to be notified, which I was not, so I believe it wasn't renewed. But  when it was first obtained, it was registered in my home... View More

Fred Bopp III
Fred Bopp III
answered on May 4, 2020

The general rule is that judgments registered in a new state are treated the same as judgments issued originally in the new state for purposes of enforcement, so it is likely that the 20-year expiration period of the new state applies to the registered judgment (at least as to enforcement efforts... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: I do have my deed & the fake seller clearly never owned it
Fred Bopp III
Fred Bopp III
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.

1 Answer | Asked in Real Estate Law for Maine on
Q: An out of state person sold my 12 acre lot in Maine to my neighbor 18 months ago. They used a warranty deed

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

Fred Bopp III
Fred Bopp III
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

2 Answers | Asked in Estate Planning for Maine on
Q: I want to establish a living trust. I have a home in NH and a home in ME. Do I need to record the trust in both states?
Fred Bopp III
Fred Bopp III
answered on Apr 29, 2020

The short answer is yes. Whether you should use a living trust or some other form of ownership to hold the property is a separate question, the answer to which will depend on your circumstances and what you are trying to accomplish.

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2 Answers | Asked in Real Estate Law for Maine on
Q: The town that I live in, in Maine, sold my property because my taxes were 18 months past due. The total was probably

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

Fred Bopp III
Fred Bopp III
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

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1 Answer | Asked in Landlord - Tenant for Maine on
Q: hello i have a year lease and it ends june 1st landlord doesn't want to extend lease for us

i was hoping to extend the lease one month he denied it after we decided we did not want to buy the house. and with the stay at home oder we have been having difficulty finding our new home can he evict us on june 1st we live in maine thank you for your help joey

Fred Bopp III
Fred Bopp III
answered on Apr 23, 2020

Your landlord can start the eviction process the day after your lease ends. Whether that process can move forward in court will depend on whether the courts will be scheduling and holding hearings in eviction actions at that time.

3 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for Maine on
Q: My mom was married 33 years her husband passed on April 8th his son served her with eviction this week can he do that

The son took the safe out of house 2 days before his father died refuses to tell her if there is a will She is 81 And can’t afford d a lawyer what r her rights the house did belong to her husband but his son took deed over before he died son claims

Fred Bopp III
Fred Bopp III
answered on Apr 22, 2020

I am sorry, but there aren't enough facts provided to answer your question. Your mom should contact the Maine Center for Elder Law at 207-467-3301 and https://mainecenterforelderlaw.com/.

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1 Answer | Asked in Real Estate Law for Maine on
Q: Should the name of a recently deceased person be removed from a deed even with proper wills on place?
Fred Bopp III
Fred Bopp III
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.

1 Answer | Asked in Probate for Maine on
Q: When dhhs Adult protective services in maine they never closed the case after 30 days never called us or stepped in
Daniel J. Eccher
Daniel J. Eccher
answered on Apr 21, 2020

The Adult Protective Services agency only gets involved in certain cases that meet a strict statutory framework. It is difficult to know, without more facts, whether the agency did anything wrong in this case. If you believe more should be done, you could try to get law enforcement involved; you... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: How can a seller get out of a real estate contract? just signed yesterday
Fred Bopp III
Fred Bopp III
answered on Apr 17, 2020

You should review the terms of the contract to see if it addresses this issue.

1 Answer | Asked in Child Custody and Family Law for Maine on
Q: My daughter is 16 and has a guardian, but she wants to move back to illinois with her bio family. Does she need consent?

She lives in Maine with my ex mother in law. Shes lived with her for 11 years, but has no biological relation. All of my daughters family is in Illinois and she wants to be with them. Her guardian will not let her move back or even visit. What can she do? Does she have any rights or say in where... View More

Robert Guillory
Robert Guillory
answered on Apr 16, 2020

your question raises several questions. When you say move back with bio family what does that mean? Her parents or a parent? When you say she has a guardian was this done in probate court in Maine? if so then a parent or some other family member could file a petition to terminate the guardianship.... View More

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