Lawyers, Answer Questions  & Get Points Log In
Maine Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Maine on
Q: My name is on the deed with my ex husband but i am not on the loan. i live in the house and can not refinance on my owm

am i a successor? house was given to me in our decree. what options do i have?

Fred Bopp III
Fred Bopp III 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... Read more »

2 Answers | Asked in Real Estate Law for Maine on
Q: Can I buy land in Maine without a lawyer or anything of the sort.what do I legally need to do when buying land privately

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... Read more »

Anthony M. Avery
Anthony M. Avery 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.

View More Answers

1 Answer | Asked in Real Estate Law for Maine on
Q: What is the required process for remotely buying a for-sale-by-owner home with cash in Maine?

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... Read more »

Fred Bopp III
Fred Bopp III 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... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maine on
Q: Is the landlord required to put a lien on the deed when you're in a rent to own home in Maine?

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.... Read more »

Fred Bopp III
Fred Bopp III 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...
Read more »

1 Answer | Asked in Banking, Contracts and Real Estate Law for Maine on
Q: Who pays when the bank forgets to deduct utilities from the sale of a house?

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... Read more »

Fred Bopp III
Fred Bopp III 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... Read more »

1 Answer | Asked in Real Estate Law, Municipal Law and Probate for Maine on
Q: How to clear the house title

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... Read more »

Anthony M. Avery
Anthony M. Avery 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... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: My girlfriend and i purchased a house together in 2006 in Abbot Maine. We split up 3 yrs ago and have both moved on with

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?

Fred Bopp III
Fred Bopp III 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.

1 Answer | Asked in Real Estate Law for Maine on
Q: Is the person holding the mortgage loan on a home purchase required to be listed on the deed in Maine?

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

Fred Bopp III
Fred Bopp III 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.

1 Answer | Asked in Contracts and Real Estate Law for Maine on
Q: I owe 875 dollars back rent and she is also suing me for a plane ticket she bought me. We had no lease

I did agree to pay 875 in text

Fred Bopp III
Fred Bopp III 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... Read more »

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... Read 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... Read 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
Anthony M. Avery 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... Read more »

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... Read more »

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...
Read 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... Read more »

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... Read 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... Read more »

View More Answers

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 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 Real Estate Law and Small Claims for Maine on
Q: I have a question about the sale of a “park model trailer.

Negative

Fred Bopp III
Fred Bopp III answered on Apr 13, 2020

I think the answer here will likely boil down to the language of the sales agreement. How does it define the property that was sold? Does it say anything about whether the propane in the tank was included? If there is no applicable language, you would probably turn to the typical course of... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.