An Act to Implement Protections Against Deed Fraud (AFTER DEADLINE)
Maine Legislature, Session 131, LD 2240
Committee: Judiciary
Sponsors: INGWERSEN, MOONEN, BRENNER, CARNEY, RAFFERTY, TIPPING, DUCHARME, MALON, PARRY, SHEEHAN
Amends: 5 MRSA §200-O, 14 MRSA §6055, 17-A MRSA §706-B, 32 MRSA §13173, 32 MRSA §13198, 32 MRSA §13271, 32 MRSA §13271-A, 33 MRSA §10, 33 MRSA §203, 33 MRSA §612, 36 MRSA §301

Legislative Document
No. 2240
S.P. 960
In Senate, February 28, 2024
An Act to Implement Protections Against Deed Fraud
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator INGWERSEN of York.
Cosponsored by Representative MOONEN of Portland and
Senators: BRENNER of Cumberland, CARNEY of Cumberland, RAFFERTY of York, 
TIPPING of Penobscot, Representatives: DUCHARME of Madison, MALON of Biddeford, 
PARRY of Arundel, SHEEHAN of Biddeford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §200-O is enacted to read:
§200-O.  Creation of notices and publications to warn public of risks posed by deed 
fraud
The Office of the Attorney General, referred to in this section as "the office," shall 
create notices and publications designed to inform and educate the public regarding the 
risks posed by deed fraud. The notices and publications must provide owners of real 
property in this State with information concerning types of deed fraud, the risk associated 
with deed fraud and information about resources for assistance available to property owners 
affected by deed fraud. The office shall make the notices and publications available to 
registers of deeds in the State to distribute pursuant to Title 33, section 612 and to the State 
Tax Assessor for distribution pursuant to Title 36, section 301. For the purposes of this 
section, "deed fraud" has the same meaning as in Title 33, section 612.
Sec. 2.  14 MRSA §6055 is enacted to read:
§6055.  Deed fraud
The District Court or the Superior Court has jurisdiction to grant appropriate equitable 
relief when the plaintiff has shown by a preponderance of the evidence that the defendant 
has committed deed fraud within the meaning of Title 33, section 612.  Equitable relief 
may include, but is not limited to:
1.  Nullifying fraudulent instrument.  Ordering the immediate nullification of any 
publicly recorded fraudulent instrument affecting title to real property; 
2.  Damages.  Damages; and
3.  Attorney's fees and costs.  Attorney's fees and costs.
Sec. 3.  17-A MRSA §706-B is enacted to read:
§706-B.  Recording fraudulent instrument with register of deeds
1.  A person is guilty of recording a fraudulent instrument with a register of deeds if:
A.  The person knowingly or intentionally records or attempts to record with a register 
of deeds a false deed, mortgage, lien or any other instrument for which the law provides 
public recording;
B.  In the process of recording with a register of deeds a deed, mortgage, lien or any 
other instrument for which the law provides public recording, the person knowingly or 
intentionally provides to a register of deeds false information in respect to a material 
fact pertaining to the instrument the person seeks to record; or
C.  In the process of recording with a register of deeds a deed, mortgage, lien or any 
other instrument for which the law provides public recording, the person, who is not 
the true owner of the real property affected by the instrument the person seeks to record 
or the authorized agent of the true owner, knowingly or intentionally misrepresents the 
person's identity in an attempt to impersonate the true owner or the true owner's 
authorized agent.
2.   Violation of this section is a Class B crime.
Sec. 4.  32 MRSA §13173, sub-§1, as enacted by PL 1987, c. 395, Pt. A, §212, is 
amended to read:
1.  Designated broker.  The owner or a duly authorized agency official shall hold a 
Maine real estate broker license and be designated by the agency to act for it in the conduct 
of real estate brokerage and shall secure, and maintain in force, the surety bond required 
by section 13721-A.
Sec. 5.  32 MRSA §13198, sub-§3, as amended by PL 2017, c. 210, Pt. F, §6, is 
further amended to read:
3.  Acts authorized.  Each broker license granted entitles the holder to perform all of 
the acts contemplated under this chapter on behalf of an agency, including being designated 
by the agency to act for it, except that a licensed real estate broker must secure and maintain 
the surety bond required by section 13271-A before the real estate broker may act on behalf 
of an agency.
Sec. 6.  32 MRSA §13271, sub-§6, as amended by PL 2005, c. 378, §13 and 
affected by §29, is further amended to read:
6.  Designated broker.  "Designated broker" means a broker designated by a real estate 
brokerage agency to act for the real estate brokerage agency in the conduct of real estate 
brokerage.  To qualify as a designated broker, the broker must satisfy the requirements of 
section 13271-A.
Sec. 7.  32 MRSA §13271-A is enacted to read:
§13271-A.  Surety bond required for designated brokers
To qualify as a designated broker within the meaning of this chapter, a real estate 
broker shall secure and maintain in force as long as the broker remains a designated broker 
a surety bond issued by a state-licensed insurer in the amount of $25,000, in favor of the 
Treasurer of State, for the benefit of the State and any person who relied on the professional 
services of the designated broker or agency in a transaction for sale or purchase of real 
estate that resulted in deed fraud that harmed that person when the designated broker's or 
agency's conduct in respect to that transaction would subject the designated broker or 
agency, or both, to disciplinary action under section 13067-A. For the purposes of this 
section, "deed fraud" has the same meaning as in Title 33, section 612.
Sec. 8.  33 MRSA §10 is enacted to read:
§10.  Sale of real estate by out-of-state seller
If a seller who is not a resident of this State offers for sale real estate that is located in 
this State, the seller shall pay to the real estate broker, associate real estate broker or real 
estate agent a $500 refundable fee at the time the offer to purchase is accepted by the seller 
to be held in escrow. The fee must be returned to the seller at the time of closing as long as 
the broker or agent certifies that the broker or agent has performed due diligence in 
confirming the identity of the seller to ensure the seller is the true owner of the real estate.
Sec. 9.  33 MRSA §203, last ¶, as amended by PL 2021, c. 651, Pt. A, §7 and 
affected by §8, is further amended to read:
Notwithstanding any of the requirements in this section, an instrument with an 
acknowledgment conforming to the requirements of the Revised Uniform Law on Notarial 
Acts must be accepted for recording purposes, except that any instrument affecting title to 
real property and recorded with a register of deeds pursuant to this section must be 
acknowledged before a person authorized to perform notarial acts in this State as described 
in Title 4, section 1910.
Sec. 10.  33 MRSA §612 is enacted to read:
§612.  Register authorized to distribute notices, publications and programs warning 
public about deed fraud
A register of deeds may distribute notices, publications and information about 
programs to inform and educate the public about the risks of deed fraud and inform victims 
of deed fraud of available resources for assistance. The notices, publications and 
information about programs may also include instructions for a property owner to sign up 
for a service, if available, to receive electronic notification of real estate transactions 
involving the property owner's name or property.  For the purposes of this section, "deed 
fraud" means:
1.  Forgery.  Forgery within the meaning of Title 17-A, section 703 in respect to a 
deed, mortgage, lien or other instrument affecting title to real property; or
2.  False recording.  Fraudulently recording, attempting to record or otherwise 
knowingly or intentionally providing false information or misrepresenting one's identity to 
a register of deeds in the process of recording a deed, mortgage, lien or other instrument 
within the meaning of Title 17-A, section 706-B.
Sec. 11.  36 MRSA §301, as amended by PL 1975, c. 545, §4 and PL 1997, c. 526, 
§14, is further amended by enacting at the end a new paragraph to read:
The State Tax Assessor shall direct all primary assessing areas and municipal assessing 
units to include in real property tax bills a standard notice regarding the risks of deed fraud 
and resources available to assist victims of deed fraud. "Deed fraud" has the same meaning 
as in Title 33, section 612.
SUMMARY
This bill enacts new provisions and amends current provisions of law to protect 
individuals from deed fraud. The bill makes it a Class B crime to record or attempt to record 
with a register of deeds a false deed, mortgage, lien or other instrument for which the law 
provides public recording or, in the process of recording a deed, mortgage, lien or other 
instrument for which the law provides public recording, to provide to a register of deeds 
false information in respect to a material fact pertaining to that instrument or impersonate 
the true owner. The bill also provides for equitable relief for individuals who have been 
impacted by a forged or fraudulently recorded instrument. 
The bill requires that any instrument affecting title to real property and recorded with 
a register of deeds must be acknowledged before a person authorized to perform notarial 
acts in this State, rather than an out-of-state notarial officer.
The bill requires that sellers of real estate who are not residents of this State pay a $500 
refundable fee to the real estate broker or other transacting agent to be placed in escrow 
and returned to the seller at the closing as long as the agent can certify that the agent has 
performed due diligence in confirming the identity of the seller. 
The bill requires a designated real estate broker to secure, and maintain thereafter, a 
surety bond in the amount of $25,000 for the benefit of the State and any person harmed 
by deed fraud as a result of the broker's or agency's action. 
The bill directs the Office of the Attorney General to create notices and publications 
designed to inform and educate the public regarding the risks posed by deed fraud.  The 
bill requires the office to make these materials available to registers of deeds throughout 
the State and to the State Tax Assessor.  The bill authorizes registers of deeds to distribute 
notices, publications and information about programs to educate the public about deed 
fraud and directs the State Tax Assessor to require that all real property tax bills contain a 
notice to property owners regarding the risks of deed fraud and resources available to 
victims.