Resolve, to Establish the Commission to Recommend Methods for
Maine Legislature, Session 132, LD 0353
Sponsors: INGWERSEN, DUCHARME

Legislative Document
No. 353
S.P. 139
In Senate, February 3, 2025
Resolve, to Establish the Commission to Recommend Methods for 
Preventing Deed Fraud in the State
(EMERGENCY)
Received by the Secretary of the Senate on January 30, 2025.  Referred to the Committee 
on Judiciary pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator INGWERSEN of York.
Cosponsored by Representative DUCHARME of Madison and
Senators: BRENNER of Cumberland, CARNEY of Cumberland, PIERCE of Cumberland, 
RAFFERTY of York, Representatives: MALON of Biddeford, SATO of Gorham.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, deed fraud occurs when a person sells real property by falsely claiming to 
be the property owner and records a deed of the fraudulently induced sale in the registry of 
deeds, depriving the rightful owner of a significant asset without the owner's knowledge; 
and
Whereas, the process for the rightful owner of the property to nullify a fraudulently 
recorded deed is not only time-consuming and expensive but, if successful, can also leave 
the innocent purchaser of the property with neither the property nor the funds used to 
purchase the property from the perpetrator of the deed fraud; and
Whereas, this legislation establishes the Commission to Recommend Methods for 
Preventing Deed Fraud in the State to study options for both preventing deed fraud and 
recompensing the victims of deed fraud; and
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted in time for submission to the next 
legislative session; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it
Sec. 1.  Commission established. Resolved: That the Commission to Recommend 
Methods for Preventing Deed Fraud in the State, referred to in this resolve as "the 
commission," is established.
Sec. 2.  Commission membership. Resolved:  That, notwithstanding Joint Rule 
353, the commission consists of 13 members as follows:
1.  Four members appointed by the President of the Senate as follows:
A.  Two members of the Senate, including one member of the party holding the largest 
number of seats in the Legislature and one member of the party holding the 2nd largest 
number of seats in the Legislature;
B. One individual who is a register of deeds in this State; and
C. One individual who is an experienced title attorney in this State;
2.  Six members appointed by the Speaker of the House as follows:
A.  Three members of the House of Representatives, including 2 members of the party 
holding the largest number of seats in the Legislature and one member of the party 
holding the 2nd largest number of seats in the Legislature;
B. One individual who represents law enforcement interests; 
C. One individual who represents a statewide association representing criminal defense 
attorneys; and
D. One individual who represents a statewide association of real estate brokers;
3. The chair of the Real Estate Commission within the Department of Professional and 
Financial Regulation, Office of Professional and Occupational Regulation or the chair's 
designee;
4. The Secretary of State or the secretary's designee; and 
5. The Attorney General or the Attorney General's designee.
Sec. 3.  Chairs.  Resolved:  That the first-named Senate member is the Senate chair 
and the first-named House of Representatives member is the House chair of the 
commission.
Sec. 4.  Appointments; convening of commission.  Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the commission.  If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority for 
the commission to meet and conduct its business.
Sec. 5.  Duties.  Resolved:  That the commission shall:
1. Gather information on the practice and prevalence of deed fraud in the State, 
including information and data, if available, on the number and characteristics of incidents 
of deed fraud and unsuccessful attempts at deed fraud;
2.  Examine the sufficiency of state laws and practices related to the following: 
A.  Identity verification for the sale of real property located in the State; 
B.  Notarization and recording of instruments affecting title to real property in the State, 
including the requirements for conducting remote notarization; 
C.  Existing criminal penalties potentially applicable to perpetrators of deed fraud; and 
D.  Civil remedies available to victims of deed fraud, including processes for nullifying 
fraudulently recorded deeds and returning ownership of the property to the rightful 
owners; and
3. Gather and review any educational materials regarding the prevention of deed fraud 
that are currently available to property owners, real estate brokerage agencies, title 
insurance companies, real estate attorneys and other professionals involved in the sale of 
real property; examine the sufficiency of these materials; and consider the best methods for 
ensuring that appropriate educational materials are disseminated to property owners and 
relevant real estate professionals across the State.
Sec. 6.  Staff assistance.  Resolved:  That the Legislative Council shall provide 
necessary staffing services to the commission, except that Legislative Council staff support 
is not authorized when the Legislature is in regular or special session.
Sec. 7.  Report.  Resolved:  That, no later than December 3, 2025, the commission 
shall submit to the Joint Standing Committee on Judiciary a report that includes the 
commission's findings and recommendations for preventing deed fraud in the State, 
including recommendations for enhanced public awareness of deed fraud and any 
suggested legislation for preventing deed fraud, including, but not limited to, enhancing 
identity verification requirements for real estate transactions in the State and for improving 
the civil and criminal remedies available in the State.  The joint standing committee is 
authorized to report out legislation related to the report to the Second Regular Session of 
the 132nd Legislature.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve establishes the Commission to Recommend Methods for Preventing Deed 
Fraud in the State.  The commission is required to make findings and recommendations for 
preventing deed fraud in the State, including recommendations for enhanced public 
awareness of deed fraud and any suggested legislation for enhancing identity verification 
requirements for real estate transactions in the State and for improving the civil and 
criminal remedies available in the State.  The commission is required to report to the Joint 
Standing Committee on Judiciary by December 3, 2025 and the joint standing committee 
is authorized to report out legislation related to the report to the Second Regular Session of 
the 132nd Legislature.