reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 8: OMITTED MARITAL RELEASE › 33 §472. Filing of notice; recording fee; indexing

§472. Filing of notice; recording fee; indexing
In order for the notice specified in section 471 to be effective, it shall contain an intelligible description of the land in which the right and interest by descent is claimed; the name of the person on whose behalf such right and interest is claimed; the name of the current record owner of the land; a specific reference by date of recording and by volume and page numbers to the recorded conveyance, if any, that omitted the release of such right and interest; and shall be duly verified by oath taken by any person authorized to perform notarial acts. The register of deeds for the county in which the land is located shall accept all such notices presented that describe land located in said county and shall enter and record them in the same manner that deeds and other instruments are recorded and shall be entitled to charge the same fee for the recording thereof as is charged for recording deeds. In indexing such notice, the register of deeds shall enter it in the grantee index of deeds under the name of the claimant appearing in the notice, and in the grantor index of deeds under the name of the record owner appearing in the notice. Within a reasonable time after recording such notice, the register of deeds shall enter upon the margin of the record of the prior conveyance, if any, referred to in said notice the volume and page in which the record of said notice may be found. The person filing the notice shall deliver or mail a copy thereof to the current record owner of the land at the last known address of such owner.   [PL 1975, c. 511 (NEW).]
SECTION HISTORY
PL 1975, c. 511 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 8: OMITTED MARITAL RELEASE › 33 §473. Persons under disability; 2-year period not suspended

§473. Persons under disability; 2-year period not suspended
The notice provided in section 472 may be filed for record by the claimant or any other person acting on behalf of any claimant who is under a disability or unable to assert a claim on his own behalf, but no disability or lack of knowledge of any kind shall suspend or extend the periods provided for such filing.   [PL 1975, c. 511 (NEW).]
SECTION HISTORY
PL 1975, c. 511 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 8: OMITTED MARITAL RELEASE › 33 §474. Statutes of limitations not extended; bar or release not affected

§474. Statutes of limitations not extended; bar or release not affected
Nothing contained in this subchapter shall be construed to extend the period limited for the bringing of an action or for the doing of any other required act or to otherwise extend any statute of limitations; nor shall it be construed to affect the nature of the right and interest by descent, the time at which it becomes vested or any provision of law regarding its bar, release or other disposition.   [PL 1975, c. 511 (NEW).]
SECTION HISTORY
PL 1975, c. 511 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 8: OMITTED MARITAL RELEASE › 33 §475. Liberal construction

§475. Liberal construction
This subchapter shall be liberally construed to affect the legislative purpose of enhancing the marketability of the title to land by eliminating the possibility of ancient marital interests that are outstanding on the record but are unclaimed.   [PL 1975, c. 511 (NEW).]
SECTION HISTORY
PL 1975, c. 511 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 8-A: CONSERVATION EASEMENTS › 33 §476. Definitions

§476. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1985, c. 395, §3 (NEW).]
1.  Conservation easement.
"Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic or open space values of real property; assuring its availability for agricultural, forest, recreational or open space use; protecting natural resources; or maintaining or enhancing air or water quality of real property.
[PL 1985, c. 395, §3 (NEW).]
2.  Holder.
"Holder" means:
A. A governmental body empowered to hold an interest in real property under the laws of this State or the United States; or   [PL 1985, c. 395, §3 (NEW).]
B. A nonprofit corporation or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic or open space values of real property; assuring the availability of real property for agricultural, forest, recreational or open space use; protecting natural resources; or maintaining or enhancing air or water quality or preserving the historical, architectural, archaeological or cultural aspects of real property.   [PL 1985, c. 395, §3 (NEW).]
[PL 1985, c. 395, §3 (NEW).]
3.  Real property.
"Real property" includes without limitation surface waters.
[PL 2007, c. 412, §1 (AMD).]
4.  Third-party right of enforcement.
"Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, nonprofit corporation or charitable trust, which, although eligible to be a holder, is not a holder.
[PL 1985, c. 395, §3 (NEW).]
SECTION HISTORY
PL 1985, c. 395, §3 (NEW). PL 2007, c. 412, §1 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 8-A: CONSERVATION EASEMENTS › 33 §477. Creation, conveyance, acceptance and duration

§477. Creation, conveyance, acceptance and duration
1.  Conservation easement.
Except as otherwise provided in this subchapter, a conservation easement may be created, conveyed, recorded, assigned or partially released in the same manner as other easements created by written instrument. A conservation easement may be terminated or amended by the parties only as provided in section 477‑A, subsection 2.
[PL 2007, c. 412, §2 (AMD).]
2.  Right or duty.
No right or duty in favor of or against a holder arises under a conservation easement unless it is accepted by the holder and no right in favor of a person having a 3rd-party right of enforcement arises under a conservation easement unless it is accepted by any person having a 3rd-party right of enforcement.
[PL 1985, c. 395, §3 (NEW).]
3.  Limitation.
Except as provided in this subchapter, a conservation easement is unlimited in duration unless:
A. The instrument creating it otherwise provides; or   [PL 1985, c. 395, §3 (NEW).]
B. Change of circumstances renders the easement no longer in the public interest as determined by the court as provided in section 477‑A, subsection 2, paragraph B in an action under section 478.   [PL 2007, c. 412, §3 (AMD).]
[PL 2007, c. 412, §3 (AMD).]
4.  Interest.
An interest in real property in existence at the time a conservation easement is created shall not be impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.
[PL 1985, c. 395, §3 (NEW).]
5.  Entitled to enter land.
The instrument creating a conservation easement must provide in what manner and at what times representatives of the holder of a conservation easement or of any person having a 3rd-party right of enforcement shall be entitled to enter the land to assure compliance.
[PL 1985, c. 395, §3 (NEW).]
SECTION HISTORY
PL 1985, c. 395, §3 (NEW). PL 2007, c. 412, §§2, 3 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 8-A: CONSERVATION EASEMENTS › 33 §477-A. Conservation easement standards

§477-A. Conservation easement standards
1.  Conservation values.
A conservation easement executed on or after the effective date of this section must include a statement of the conservation purposes of the easement, the conservation attributes associated with the real property and the benefit to the general public intended to be served by the restriction on uses of the real property subject to the conservation easement.
[PL 2007, c. 412, §4 (NEW).]
2.  Amendment and termination.
Amendments and termination of a conservation easement may occur only pursuant to this subsection.
A. A conservation easement executed on or after the effective date of this section must include a statement of the holder's power to agree to amendments to the terms of the conservation easement in a manner consistent with the limitations of paragraph B.   [PL 2007, c. 412, §4 (NEW).]
B. A conservation easement may not be terminated or amended in such a manner as to materially detract from the conservation values intended for protection without the prior approval of the court in an action in which the Attorney General is made a party. In making this determination, the court shall consider, among other relevant factors, the purposes expressed by the parties in the easement and the public interest. If the value of the landowner's estate is increased by reason of the amendment or termination of a conservation easement, that increase must be paid over to the holder or to such nonprofit or governmental entity as the court may designate, to be used for the protection of conservation lands consistent, as nearly as possible, with the stated publicly beneficial conservation purposes of the easement.   [PL 2007, c. 412, §4 (NEW).]
[PL 2007, c. 412, §4 (NEW).]
3.  Monitoring.
The holder of a conservation easement shall monitor the condition of the real property subject to the conservation easement at least every 3 years and shall prepare and retain a written monitoring report in its permanent records. The holder shall make available to the landowner, upon request, a copy of the monitoring report.
[PL 2007, c. 412, §4 (NEW).]
4.  Failure to comply.
Failure to comply with the requirements of subsection 1, subsection 2, paragraph A or subsection 3 does not invalidate a conservation easement otherwise entitled to the protections of this subchapter.
[PL 2007, c. 412, §4 (NEW).]
SECTION HISTORY
PL 2007, c. 412, §4 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 8-A: CONSERVATION EASEMENTS › 33 §478. Judicial actions

§478. Judicial actions
1.  Action or intervention.
An action affecting a conservation easement may be brought or intervened in by:
A. An owner of an interest in the real property burdened by the easement;   [PL 1985, c. 395, §3 (NEW).]
B. A holder of the easement;   [PL 2007, c. 412, §5 (AMD).]
C. A person having a 3rd-party right of enforcement; or   [PL 2007, c. 412, §5 (AMD).]
D. The Attorney General; except that the Attorney General may initiate action seeking enforcement of a conservation easement only when the parties designated as having the right to do so under the terms of the conservation easement:
(1) Are no longer in legal existence;
(2) Are bankrupt or insolvent;
(3) Cannot be contacted after reasonable diligence to do so; or
(4) After 90 days' prior written notice by the Attorney General of the nature of the asserted failure, have failed to take reasonable actions to bring about compliance with the conservation easement.   [PL 2007, c. 412, §5 (NEW).]
[PL 2007, c. 412, §5 (AMD).]
2.  Intervention only.
An action affecting a conservation easement may be intervened in by a political subdivision of the State in which the real property burdened by the easement is located, in accordance with court rules for permissive intervention.
[PL 2007, c. 412, §5 (AMD).]
3.  Power of court.
The court may permit termination of a conservation easement or approve amendment to a conservation easement that materially detracts from the conservation values it serves, as provided in section 477‑A, subsection 2, paragraph B, and may enforce a conservation easement by injunction or proceeding at law and in equity. A court may deny equitable enforcement of a conservation easement only when it finds that change of circumstances has rendered that easement no longer in the public interest or no longer serving the publicly beneficial conservation purposes identified in the conservation easement. If the court so finds, the court may allow damages as the only remedy in an action to enforce the easement.
[PL 2007, c. 412, §5 (AMD).]
4.  Confidentiality of records.
Documents and records obtained by the Attorney General, which would otherwise not legally be subject to public disclosure, may be shared with other public agencies but must be held as legally confidential under Title 1, section 402, unless disclosed in the course of a public proceeding in court.
[PL 2007, c. 412, §5 (NEW).]
No comparative economic test may be used to determine under this subchapter if a conservation easement is in the public interest or serves a publicly beneficial conservation purpose.   [PL 2007, c. 412, §5 (NEW).]
SECTION HISTORY
PL 1985, c. 395, §3 (NEW). PL 2007, c. 412, §5 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 8-A: CONSERVATION EASEMENTS › 33 §479. Validity

§479. Validity
A conservation easement is valid even though:   [PL 1985, c. 395, §3 (NEW).]
1.  Not appurtenant to interest in real property.
It is not appurtenant to or does not run with an interest in real property;
[PL 1985, c. 395, §3 (NEW).]
2.  Assigned to another holder.
It can be or has been assigned to another holder;
[PL 1985, c. 395, §3 (NEW).]
3.  Not recognized at common law.
It is not of a character that has been recognized traditionally at common law;
[PL 1985, c. 395, §3 (NEW).]
4.  Negative burden.
It imposes a negative burden;
[PL 1985, c. 395, §3 (NEW).]
5.  Affirmative obligations.
It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
[PL 1985, c. 395, §3 (NEW).]
6.  Benefit does not touch or concern real property.
The benefit does not touch or concern real property;
[PL 1985, c. 395, §3 (NEW).]
7.  No privity of estate or of contract.
There is no privity of estate or of contract;
[PL 2007, c. 412, §6 (AMD).]
8.  Does not run to successors or assigns.
It does not run to the successor and assigns of the holder;
[PL 2007, c. 412, §7 (AMD).]
9.  Acquired for tax delinquency.
A lien has been established for property tax delinquency under Title 36, section 552, or title to the real property subject to the conservation easement has been acquired by procedures for enforcement and foreclosure of delinquent taxes under Title 36, chapter 105, subchapter 9; or
[PL 2007, c. 412, §8 (NEW).]
10.  Merger.
The title to the real property subject to the conservation easement has been acquired by the holder, unless the holder, with the consent of any 3rd party with rights of enforcement, replaces the conservation easement with legally binding restrictions under a conservation easement or declaration of trust at least as protective of the conservation values of the protected property as provided by the replaced easement.
[PL 2007, c. 412, §9 (NEW).]
SECTION HISTORY
PL 1985, c. 395, §3 (NEW). PL 2007, c. 412, §§6-9 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 8-A: CONSERVATION EASEMENTS › 33 §479-A. Applicability

§479-A. Applicability
1.  Interest created after effective date.
This subchapter applies to any interest created after its effective date which complies with this subchapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise.
[PL 1985, c. 395, §3 (NEW).]
2.  Conservation easement created before effective date.
This subchapter applies to any conservation easement created before the effective date of this subchapter if the conservation easement would have been enforceable had it been created after the effective date of this subchapter, unless retroactive application contravenes the Constitution of Maine or the United States Constitution.
[PL 1985, c. 395, §3 (NEW).]
3.  Subchapter does not invalidate interest.
This subchapter does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement or otherwise, that is enforceable under other laws of this State.
[PL 1985, c. 395, §3 (NEW).]
SECTION HISTORY
PL 1985, c. 395, §3 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 8-A: CONSERVATION EASEMENTS › 33 §479-B. Uniformity of application and construction

§479-B. Uniformity of application and construction
This subchapter shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the subchapter among states enacting it.   [PL 1985, c. 395, §3 (NEW).]
SECTION HISTORY
PL 1985, c. 395, §3 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 8-A: CONSERVATION EASEMENTS › 33 §479-C. Conservation lands registry

§479-C. Conservation lands registry
A holder of a conservation easement or a fee owner of land for conservation purposes that is organized or doing business in the State shall annually report to the Department of Agriculture, Conservation and Forestry the book and page number at the registry of deeds for each conservation easement that it holds or each parcel owned in fee for conservation purposes, the municipality, the approximate number of acres protected under each easement or parcel owned, the approximate number of acres that are exempt from taxation pursuant to Title 36, section 652 for which the municipality or county does not receive payments in lieu of taxes and such other information as the Department of Agriculture, Conservation and Forestry determines necessary to fulfill the purposes of this subchapter. The filing must be made by a date and on forms established by the Department of Agriculture, Conservation and Forestry to avoid duplicative filings when possible and otherwise reduce administrative burdens. The annual filing must be accompanied by an $80 fee. The Department of Agriculture, Conservation and Forestry shall maintain a permanent record of the registration and report to the Attorney General any failure of a holder of a conservation easement disclosed by the filing or otherwise known to the Department of Agriculture, Conservation and Forestry. The fees established under this section must be held by the Department of Agriculture, Conservation and Forestry in a nonlapsing, special account to defray the costs of maintaining the registry and carrying out its duties under this section.   [PL 2017, c. 475, Pt. A, §56 (AMD).]
SECTION HISTORY
PL 2007, c. 412, §10 (NEW). PL 2011, c. 655, Pt. II, §7 (AMD). PL 2011, c. 655, Pt. II, §11 (AFF). PL 2011, c. 657, Pt. W, §5 (REV). PL 2017, c. 284, Pt. TT, §1 (AMD). PL 2017, c. 475, Pt. A, §56 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 7: CONVEYANCE OF REAL ESTATE › Subchapter 9: SIGNATURE OF A NONOWNER SPOUSE › 33 §480. Signature of nonowner

§480. Signature of nonowner
An owner of real estate may convey that real estate, or any interest in it free from any claim to the real estate by his nonowner spouse, by deed, mortgage or any other instrument, without signature of his nonowner spouse, unless:   [PL 1983, c. 748, §2 (NEW).]
1.  Non-bona fide purchaser.
The transfer requires signature pursuant to Title 18‑C, section 2‑208, subsection 1; or
[PL 2017, c. 402, Pt. C, §89 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Divorce action.
The nonowner spouse has filed a claim in the registry of deeds pursuant to Title 19‑A, section 953, and either the divorce action is still pending or the nonowner spouse has been granted an interest in the real estate by the court.
[PL 1995, c. 694, Pt. D, §60 (AMD); PL 1995, c. 694, Pt. E, §2 (AFF).]
After that conveyance, any claim of the nonowner spouse under probate, divorce or any other laws, shall be against the proceeds of that conveyance and not against the real estate. Notwithstanding any provision of the Maine Probate Code, a mortgage deed does not need to be signed by a nonowner spouse, provided that the mortgage deed secures actual consideration in money or money's worth given in good faith by the mortgagee to the owner. Notwithstanding any provision of the Maine Probate Code or divorce laws, a correcting deed does not need to be signed by a nonowner spouse.   [PL 1983, c. 748, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 748, §2 (NEW). PL 1995, c. 694, §D60 (AMD). PL 1995, c. 694, §E2 (AFF). PL 2017, c. 402, Pt. C, §89 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 8: LAND INSTALLMENT CONTRACTS › 33 §481. Definitions

§481. Definitions
As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1983, c. 368 (NEW).]
1.  Down payment.
"Down payment" means the payment made by the purchaser to the vendor on account of the purchase price at or before the time of the execution of a land installment contract.
[PL 1983, c. 368 (NEW).]
2.  Land installment contract.
"Land installment contract" means an agreement under which the vendor agrees to sell an interest in property to the purchaser and the purchaser agrees to pay the purchase price in 5 or more subsequent payments exclusive of the down payment, if any, and the vendor retains title to the property as security for the purchaser's obligation under the agreement. Land installment contracts do not include option contracts for the purchase of real property or purchase and sale agreements entered into with the good faith expectation of a separate transaction in which a 3rd party or the seller agrees to finance the purchase price in a single installment.
[PL 1983, c. 368 (NEW).]
3.  Property.
"Property" means improved real property located in this State, sold to be occupied as a dwelling.
[PL 1983, c. 368 (NEW).]
4.  Purchaser.
"Purchaser" means an individual who purchases property subject to a land installment contract, or any legal successor in interest to him, regardless of whether the individual has entered into an agreement as to extension, default or refund.
[PL 1983, c. 368 (NEW).]
5.  Vendor.
"Vendor" means a person who makes a sale of property by means of a land installment contract or his successor in interest.
[PL 1983, c. 368 (NEW).]
SECTION HISTORY
PL 1983, c. 368 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 8: LAND INSTALLMENT CONTRACTS › 33 §483. Prohibited acts

§483. Prohibited acts
1.  Bad faith avoidance.
A person may not in bad faith attempt to avoid the application of this chapter including engaging in subterfuge or designing or structuring a transaction with the purpose of evading the provisions of this chapter.
[PL 2021, c. 350, §3 (NEW).]
2.  Survival of foreclosure.
A land installment contract may not require a purchaser to enter into a promissory note or any other financial instrument or obligation that survives the foreclosure of the purchaser's interest in the real estate, or enforce any such obligation, unless:
A. The term of the promissory note does not exceed the term of the land installment contract;   [PL 2021, c. 350, §3 (NEW).]
B. Payments of principal made during the term of the promissory note are credited to reduce the principal due on the note; and   [PL 2021, c. 350, §3 (NEW).]
C. After obtaining a judgment for foreclosure and the expiration of the period of redemption set forth in Title 14, section 6203‑F, the vendor conducts a sale in the same manner as required for a mortgagee in Title 14, section 6323 and complies with the provisions of Title 14, section 6324 except with the equity of redemption being 60 days.   [PL 2021, c. 350, §3 (NEW).]
[PL 2021, c. 350, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 350, §3 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 9: MORTGAGES OF REAL PROPERTY › Subchapter 1: GENERAL PROVISIONS › 33 §501. Forms

§501. Forms
Mortgages of real estate include those made in the usual form, in which the condition is set forth in the deed, and those made by a conveyance appearing on its face to be absolute, with a separate instrument of defeasance executed at the same time or as part of the same transaction.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 9: MORTGAGES OF REAL PROPERTY › Subchapter 1: GENERAL PROVISIONS › 33 §501-A. "Power of sale"

§501-A. "Power of sale"
The following "power" is known as "The Statutory Power of Sale" and may be included in any mortgage or incorporated by reference in any mortgage granted by a corporation, partnership, including a limited partnership or a limited liability partnership, limited liability company or trustee of a trust and, if included in the mortgage, the mortgage may be foreclosed pursuant to Title 14, chapter 713, subchapter 3. The power of sale may not be used to foreclose a mortgage deed granted by a trustee of a trust if at the time the mortgage deed is given the real estate is used exclusively for residential purposes, the real estate has 4 or fewer residential units and one of the units is the principal residence of the owner of at least 1/2 of the beneficial interest in the trust. If the mortgage deed contains a statement that at the time the mortgage deed is given the real estate encumbered by the mortgage deed is not used exclusively for residential purposes, that the real estate has more than 4 residential units or that none of the residential units is the principal residence of the owner of at least 1/2 of the beneficial interest in the trust, the statement conclusively establishes these facts and the mortgage deed may be foreclosed by the power of sale.   [PL 2015, c. 147, §7 (AMD).]
POWER
Upon any default in the performance or the observance of the foregoing or other condition, the mortgagee or the mortgagee's executors, administrators, successors or assigns, or the agent or attorney of the mortgagee or the mortgagee's executors, administrators, successors or assigns, may sell the mortgaged premises or such portion thereof as may remain subject to the mortgage in case of any partial release thereof, either as a whole or in parcels, together with all improvements that may be thereon, by a public sale in the county where the real estate then subject to the mortgage is situated, or, if more than one parcel is then subject thereto, then in the county where one of said parcels is situated, or at such place as may be designated for the purpose in the mortgage, first complying with the terms of the mortgage and the statutes relating to the foreclosure of mortgage by the exercise of a power of sale, and the mortgagee or the mortgagee's executors, administrators, successors or assigns or the agent or attorney of the mortgagee or the mortgagee's executors, administrators, successors or assigns may convey the same by proper deed or deeds to the purchaser or purchasers absolutely and in fee simple; and such sale forever bars the mortgagor and all persons claiming under it from all right and interest in the mortgaged premises, whether at law or in equity.   [PL 2015, c. 147, §7 (AMD).]
SECTION HISTORY
PL 1967, c. 424, §4 (NEW). PL 1991, c. 134, §3 (AMD). PL 1991, c. 768, §§3,4 (AMD). PL 1993, c. 277, §§3,4 (AMD). PL 1993, c. 277, §5 (AFF). PL 1995, c. 106, §2 (AMD). PL 2015, c. 147, §7 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 9: MORTGAGES OF REAL PROPERTY › Subchapter 1: GENERAL PROVISIONS › 33 §502. Entry by mortgagee

§502. Entry by mortgagee
A mortgagee, or person claiming under him, may enter on the premises or recover possession thereof, before or after breach of condition, when there is no agreement to the contrary. In such case, if the mortgage is afterwards redeemed, the amount of the clear rents and profits from the time of taking possession shall be accounted for and deducted from the sum due on the mortgage.
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 9: MORTGAGES OF REAL PROPERTY › Subchapter 1: GENERAL PROVISIONS › 33 §503. Property insurance

§503. Property insurance
No person or financial institution making a residential mortgage loan for one to 4 residential units may, as a condition of the mortgage or as a term of the mortgage deed, require that the mortgagor carry property insurance on the property which is the subject of the mortgage in excess of the replacement cost of any buildings or appurtenances subject to the mortgage.   [PL 1985, c. 182 (NEW).]
SECTION HISTORY
PL 1985, c. 182 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 9: MORTGAGES OF REAL PROPERTY › Subchapter 1: GENERAL PROVISIONS › 33 §504. Interest on residential mortgage escrow accounts

§504. Interest on residential mortgage escrow accounts
1.  Loan provisions required.
A mortgage deed resulting from a mortgage loan must contain provisions for payment of interest on the escrow balance in accordance with Title 9‑B, section 429 if:
A. The mortgage is on owner-occupied residential property of not more than 4 units; and   [PL 1991, c. 118, §1 (NEW).]
B. The loan or note requires payments into a mandatory escrow account.   [PL 1991, c. 118, §1 (NEW).]
[PL 1991, c. 118, §1 (NEW).]
2.  Applicability.
The requirements of this section apply to any residential mortgage deed dated on or after January 1, 1992.
[PL 1991, c. 118, §1 (NEW).]
SECTION HISTORY
PL 1991, c. 118, §1 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 9: MORTGAGES OF REAL PROPERTY › Subchapter 1: GENERAL PROVISIONS › 33 §506. Undocumented mortgage agreements

§506. Undocumented mortgage agreements
In a residential mortgage loan closing, a buyer, seller or settlement agent may not knowingly be a party to a financial or other arrangement not reflected in the loan settlement statement if the effect of that arrangement is to substantially overstate the contract sales price. Any violation of this section constitutes a violation of the Maine Unfair Trade Practices Act.   [PL 2005, c. 161, §1 (NEW).]
Revisor's Note: §506. Disclosure regarding private mortgage insurance (As enacted by PL 2005, c. 211, §1 is REALLOCATED TO TITLE 33, SECTION 507)
SECTION HISTORY
RR 2005, c. 1, §16 (RAL). PL 2005, c. 161, §1 (NEW). PL 2005, c. 211, §1 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 9: MORTGAGES OF REAL PROPERTY › Subchapter 1: GENERAL PROVISIONS › 33 §507. Disclosure regarding private mortgage insurance (REALLOCATED FROM TITLE 33, SECTION 506)

§507. Disclosure regarding private mortgage insurance
(REALLOCATED FROM TITLE 33, SECTION 506)
With respect to a mortgage loan on residential real property for which the processor or underwriter of that loan also engages in the business of private mortgage insurance, a supervised lender, as defined in Title 9‑A, section 1‑301, subsection 39, or a loan broker, as defined in Title 9‑A, section 10‑102, shall disclose to the loan applicant at the time of application the fact that the processor or underwriter is also in the business of private mortgage insurance. Failure to provide the disclosure required by this section does not annul, alter or affect the validity or enforceability of the mortgage loan.   [PL 2011, c. 691, Pt. A, §38 (AMD).]
SECTION HISTORY
RR 2005, c. 1, §16 (RAL). PL 2011, c. 691, Pt. A, §38 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 9: MORTGAGES OF REAL PROPERTY › Subchapter 1: GENERAL PROVISIONS › 33 §508. Nominee mortgagees

§508. Nominee mortgagees
1.  Authority presumed.
A person or entity that is named as nominee to hold a mortgage for another person or entity, in an instrument creating or assigning the mortgage, is presumed to have the authority to execute an assignment, partial release, discharge or other instrument that affects the title to the mortgaged property unless the person or entity on whose behalf the nominee is named:
A. Explicitly negates such authority within the instrument in which the nominee is named; or   [PL 2015, c. 289, §1 (NEW).]
B. Executes a separate instrument that explicitly negates such authority and that is recorded in the registry of deeds within the county or district in which the mortgaged property is located.   [PL 2015, c. 289, §1 (NEW).]
[PL 2015, c. 289, §1 (NEW).]
2.  Instrument valid.
An assignment, partial release, discharge or other instrument affecting the title to mortgaged property or any interest in the property that is otherwise valid and that is executed by a nominee mortgagee with authority as provided in subsection 1 is valid even if the assignment, partial release, discharge or other instrument does not state the authority of the nominee mortgagee to take the action.
[PL 2015, c. 289, §1 (NEW).]
3.  Statement not a limitation of authority.
A statement in an instrument described in this section to the effect that, for purposes of recording, the nominee mortgagee is the mortgagee of record, or any statement of similar meaning, may not be considered to be a limitation upon the authority of the nominee mortgagee.
[PL 2015, c. 289, §1 (NEW).]
4.  Application.
This section applies exclusively to any discharge or partial release issued prior to the effective date of this section, whether made by a nominee mortgagee or by a subsequent assignee; to discharges or partial releases issued on or subsequent to the effective date of this section, whether made by a nominee mortgagee or by a subsequent assignee; and to any assignment or other instrument affecting title to a mortgaged property that is the subject of a foreclosure judgment or other legal judgment affecting title to a mortgaged property for which, as of the effective date of this section, either the period for appeal has run with no appeal having been filed or all rights of appeal have been exhausted.
[PL 2015, c. 289, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 289, §1 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 9: MORTGAGES OF REAL PROPERTY › Subchapter 1-A: FUNDED SETTLEMENT ACT › 33 §521. Short title

§521. Short title
This subchapter may be known and cited as the "Funded Settlement Act".   [PL 1999, c. 145, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 145, §1 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 9: MORTGAGES OF REAL PROPERTY › Subchapter 1-A: FUNDED SETTLEMENT ACT › 33 §523. Applicability

§523. Applicability
This subchapter applies to transactions:   [PL 1999, c. 145, §1 (NEW).]
1.  Purposes.
That are incurred primarily for personal, family or household purposes;
[PL 1999, c. 145, §1 (NEW).]
2.  Not open-end credit.
That are not open-end credit as that term is defined in Title 9‑A, section 1‑301, subsection 26;
[PL 1999, c. 145, §1 (NEW).]
3.  Not involving multiple advances.
That do not contemplate multiple advances of funds as set forth in or required by the terms of the loan documents;
[PL 1999, c. 145, §1 (NEW).]
4.  Location of lender or closing.
When the lending office or branch from which the loan is made is located in this State or the loan closing occurs within this State; and
[PL 1999, c. 145, §1 (NEW).]
5.  Secured by mortgages.
That are secured by mortgages on real estate containing not more than 4 residential dwelling units.
[PL 1999, c. 145, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 145, §1 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 9: MORTGAGES OF REAL PROPERTY › Subchapter 1-A: FUNDED SETTLEMENT ACT › 33 §524. Duty of lender

§524. Duty of lender
The lender shall cause, at or before loan closing, disbursement of loan funds to the settlement agent; however, in the case of any loan when a right of rescission applies and has not been exercised, the lender shall cause disbursement of loan funds to the settlement agent prior to noon of the first business day after the expiration of the rescission period required under the federal Truth-in-Lending Act, 15 United States Code, Section 1601, et seq. and the state truth-in-lending provisions, Title 9‑A, Article 8‑A, as applicable.   [PL 2011, c. 427, Pt. D, §23 (AMD).]
SECTION HISTORY
PL 1999, c. 145, §1 (NEW). PL 2011, c. 427, Pt. D, §23 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 9: MORTGAGES OF REAL PROPERTY › Subchapter 1-A: FUNDED SETTLEMENT ACT › 33 §525. Duty of settlement agent

§525. Duty of settlement agent
The settlement agent shall cause recordation of any deed, mortgage or other documents required to be recorded and shall cause disbursement of settlement proceeds within 2 business days of settlement or, when any right of rescission applies pursuant to the federal Truth-in-Lending Act, 15 United States Code, Section 1601 et seq. or the state truth-in-lending provisions, Title 9‑A, Article 8‑A, as applicable, at the time that the settlement agent reasonably determines that such right of rescission has not been exercised.   [PL 2011, c. 427, Pt. D, §24 (AMD).]
SECTION HISTORY
PL 1999, c. 145, §1 (NEW). PL 2011, c. 427, Pt. D, §24 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 9: MORTGAGES OF REAL PROPERTY › Subchapter 1-A: FUNDED SETTLEMENT ACT › 33 §526. Penalty

§526. Penalty
1.  Consumer remedies.
A lender or settlement agent who violates any provision of this subchapter and causes actual damage to a consumer is subject to a civil action by the aggrieved consumer in which the consumer has the right to recover the greater of actual damages in an amount determined by the court or, except as provided in subsection 2, an amount determined by the court not less than $250 nor more than $1,000, plus costs of the action together with reasonable attorney's fees.
[PL 1999, c. 145, §1 (NEW).]
2.  Bona fide error.
Liability under subsection 1 is limited to actual damages, plus costs of the action together with reasonable attorney's fees, if the lender or settlement agent shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid any such error.
[PL 1999, c. 145, §1 (NEW).]
3.  Limitation of actions.
An action may not be brought pursuant to this subchapter more than 2 years after the violation occurred.
[PL 1999, c. 145, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 145, §1 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 9: MORTGAGES OF REAL PROPERTY › Subchapter 1-A: FUNDED SETTLEMENT ACT › 33 §527. Enforcement

§527. Enforcement
With respect to lenders that are supervised financial organizations as that term is defined in Title 9‑A, section 1‑301, subsection 38‑A, a violation of this subchapter is deemed an anticompetitive and deceptive practice and the Superintendent of Financial Institutions may take appropriate action to ensure compliance with this subchapter. With respect to all other supervised lenders, as that term is defined in Title 9‑A, section 1‑301, subsection 39, the Superintendent of Consumer Credit Protection may take such action.   [PL 2021, c. 245, Pt. A, §14 (AMD).]
SECTION HISTORY
PL 1999, c. 145, §1 (NEW). PL 2001, c. 44, §11 (AMD). PL 2001, c. 44, §14 (AFF). PL 2021, c. 245, Pt. A, §14 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 9: MORTGAGES OF REAL PROPERTY › Subchapter 1-A: FUNDED SETTLEMENT ACT › 33 §528. Privacy duties of settlement agents

§528. Privacy duties of settlement agents
A settlement agent shall comply with the provisions of the federal Gramm-Leach-Bliley Act, 15 United States Code, Section 6801 et seq. (1999) and the applicable implementing federal Privacy of Consumer Information regulations, as adopted by the Office of the Comptroller of the Currency, 12 Code of Federal Regulations, Part 40 (2001); the Board of Governors of the Federal Reserve System, 12 Code of Federal Regulations, Part 216 (2001); the Federal Deposit Insurance Corporation, 12 Code of Federal Regulations, Part 332 (2001); the Office of Thrift Supervision, 12 Code of Federal Regulations, Part 573 (2001); the National Credit Union Administration, 12 Code of Federal Regulations, Part 716 (2001); the Federal Trade Commission, 16 Code of Federal Regulations, Part 313 (2001); or the Securities and Exchange Commission, 17 Code of Federal Regulations, Part 248 (2001), if the settlement agent is a financial institution as defined in those regulations. This section is not intended to permit the release of health care information except as permitted by Title 22, section 1711‑C or Title 24‑A, chapter 24.   [PL 2001, c. 262, Pt. E, §5 (NEW).]
SECTION HISTORY
PL 2001, c. 262, §E5 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 9: MORTGAGES OF REAL PROPERTY › Subchapter 2: DISCHARGE OF MORTGAGES › 33 §552. Validation

§552. Validation
All marginal discharges of mortgages recorded prior to April 1, 1974, duly attested by the register of deeds as being recorded from discharge in margin of original mortgage, are validated and have the same effect as if made as provided in section 551.   [PL 1997, c. 103, §1 (AMD).]
SECTION HISTORY
PL 1997, c. 103, §1 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 10: UNIT OWNERSHIP › Subchapter 1: UNIT OWNERSHIP › 33 §560. Short title

§560. Short title
This chapter shall be known as the "Unit Ownership Act."   [PL 1965, c. 357 (NEW).]
SECTION HISTORY
PL 1965, c. 357 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 10: UNIT OWNERSHIP › Subchapter 1: UNIT OWNERSHIP › 33 §562. Application

§562. Application
This chapter shall be applicable only to property, the sole owner or all of the owners of which submit the same to the provisions of this chapter by duly executing and recording a declaration as provided.   [PL 1977, c. 696, §259 (AMD).]
SECTION HISTORY
PL 1965, c. 357 (NEW). PL 1977, c. 696, §259 (AMD).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 10: UNIT OWNERSHIP › Subchapter 1: UNIT OWNERSHIP › 33 §563. Status of units

§563. Status of units
Each unit, together with its undivided interest in the common areas and facilities, shall for all purposes constitute real property.   [PL 1965, c. 357 (NEW).]
SECTION HISTORY
PL 1965, c. 357 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 10: UNIT OWNERSHIP › Subchapter 1: UNIT OWNERSHIP › 33 §564. Ownership of units

§564. Ownership of units
Each unit owner shall be entitled to the exclusive ownership and possession of his unit.   [PL 1965, c. 357 (NEW).]
SECTION HISTORY
PL 1965, c. 357 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 10: UNIT OWNERSHIP › Subchapter 1: UNIT OWNERSHIP › 33 §565. Common elements

§565. Common elements
1.  Percentage of ownership.
Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declaration. Such percentage shall be computed by taking as a basis the fair value of the unit at the date of the declaration in relation to the fair value of all the units having an interest in the common areas and facilities.
[PL 1965, c. 357 (NEW).]
2.  Permanent character.
The percentage of the undivided interest of each unit owner in the common areas and facilities as expressed in the declaration shall have a permanent character and shall not be altered without the consent of all of the unit owners expressed in an amended declaration duly recorded. The percentage of the undivided interest in the common areas and facilities shall not be separated from the unit to which it appertains and shall be deemed to be conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument.
[PL 1965, c. 357 (NEW).]
3.  Undivided.
The common areas and facilities shall remain undivided and no unit owner or any other person shall bring any action for partition or division of any part thereof, unless the property has been removed from the provisions of this chapter. Any covenant to the contrary shall be null and void.
[PL 1965, c. 357 (NEW).]
4.  Use.
Each unit owner may use the common areas and facilities in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other unit owners.
[PL 1965, c. 357 (NEW).]
5.  Repairs.
The necessary work of maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvements thereto shall be carried out only as provided and in the declaration and in the bylaws.
[PL 1965, c. 357 (NEW).]
6.  Access for repair.
The association of unit owners shall have the irrevocable right, to be exercised by the manager or board of directors, to have access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the common areas and facilities therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to another unit or units.
[PL 1965, c. 357 (NEW).]
SECTION HISTORY
PL 1965, c. 357 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 10: UNIT OWNERSHIP › Subchapter 1: UNIT OWNERSHIP › 33 §566. Compliance with bylaws and rules and regulations

§566. Compliance with bylaws and rules and regulations
Each unit owner shall comply strictly with the bylaws and with the administrative rules and regulations adopted pursuant thereto, and with the covenants, conditions and restrictions set forth in the declaration or in the deed to his unit. Failure to so comply shall be ground for an action to recover damages or for injunctive relief, or both, maintainable by the manager or board of directors on behalf of the association of unit owners or, in a proper case, by an aggrieved unit owner.   [PL 1965, c. 357 (NEW).]
SECTION HISTORY
PL 1965, c. 357 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 10: UNIT OWNERSHIP › Subchapter 1: UNIT OWNERSHIP › 33 §567. Certain work prohibited

§567. Certain work prohibited
No unit owner shall do any work which may jeopardize the soundness or safety of the property, reduce the value thereof or impair any easement, right, appurtenance or other hereditament constituting a common area and facility without the unanimous consent of all the other unit owners.   [PL 1965, c. 357 (NEW).]
SECTION HISTORY
PL 1965, c. 357 (NEW).
2023 Maine Revised Statutes › TITLE 33: PROPERTY › Chapter 10: UNIT OWNERSHIP › Subchapter 1: UNIT OWNERSHIP › 33 §568. Common profits and expenses

§568. Common profits and expenses
The common profits of the property shall be distributed among, and the common expenses shall be charged to the unit owners according to the percentage of the undivided interest in the common areas and facilities.   [PL 1965, c. 357 (NEW).]
SECTION HISTORY
PL 1965, c. 357 (NEW).