Detailed Answer
Verifying every individual or entity with an interest in Maine real property requires assembling documents that prove identity, ownership, and authority to act. Follow these steps to ensure you capture all interests:
- Title Search and Chain of Title
Order a title search from the county Register of Deeds. This reveals recorded deeds, mortgages, liens, easements, and other instruments affecting the property. The Register of Deeds duty to record and index is governed by 33 MRS §551 (33 MRS §551). - Acknowledgment and Notarization
Confirm each conveyance (deed) includes a statutory acknowledgment by every grantor before a notary public or other authorized official. The form and requirements for acknowledgments are set out in 33 MRS §153 (33 MRS §153). - Personal Identification
Ensure the notary confirmed each individual’s identity with a valid, government-issued photo ID (e.g., driver’s license, passport). Keep copies of these IDs with your closing file. - Corporate, Trust, Partnership, and Estate Interests
If a corporation, partnership, trust, or estate holds an interest, obtain:- Certified articles of incorporation or partnership agreement and corporate resolutions authorizing conveyance.
- Trust agreement or certificate of trust identifying trustees and beneficiaries.
- Letters testamentary or letters of administration for estates.
- Spousal and Homestead Rights
Under Maine homestead law, a spouse may claim rights even if not on the title. Provide a marriage certificate and, if required, a spousal release or consent per 33 MRS §481 (33 MRS §481). - Additional Recorded Instruments
Gather recorded mortgages, easement agreements, declarations of covenants, mechanic’s lien filings, and other encumbrances affecting the property. - Review and Certification
Have a title professional or attorney review the assembled documents. Obtain a title insurance commitment or attorney’s opinion to certify that you’ve identified all persons and entities with an interest.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Begin with a comprehensive title search to avoid missing hidden interests.
- Check notary acknowledgments for exact compliance with the statutory form.
- Collect corporate and trust documents early to verify authority before closing.
- Confirm spousal rights even if only one name appears on the deed.
- Consider title insurance to protect against undiscovered claims.