Maine Real Estate Legal Questions

If you are unable to afford an attorney there are legal aid clinics available in some locations that might be able to assist you.  Please see: http://www.ptla.org/ or http://www.mbf.org/provider.htm#ELDERLY ISSUES This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

I recommend that you seek out a very good real estate lawyer in your area and follow his advice.  It will be worth a modest conference fee.  Restrictions on a deed are legitimate limitations on use, but most restrictions expire with a specified time frame.  If there is no expiration date on the deed in question, there may be some state statute that provides for an expiration after some given period.  It seems to me that the passing of 124 years (and with it the passing away of the community standards that apparently existed at that time) would argue for nullification. If there is no applicable statute, perhaps there is a basis for obtaining a court order holding that the restriction is now obsolete.  Since you no doubt would like to have your property insurable by a reputable title insurance company -- without exception to the restrictions -- your attorney probably should confer with a title company's regional counsel for assistance in resolving the matter. ... Read More

Your question is how to get your name removed from the "ownership" records?  You do not say whether there is a debt owed on the mobile home and whether you have a legal obligation to pay some or all of that debt.   In the absence of a debt issue, getting your name off the title is easy enough.  The laws of the State of Maine will provide a means of doing that -- probably endorsing the existing title certificate to your ex-wife and having her file an application for a new title certificate in her name alone.  You or she should contact a business attorney in Maine for assistance.  It should not take long and the process should not be costly. If there is a debt issue, the task is more difficult.  You should first review carefully the divorce Order and see whether the court ordered you to pay the debt - although the court might have given her the MH.  If that be the case, you won't be able to get your name off the debt without paying the debt off.  If the court did not deal with the debt question, again, see a Maine attorney who has some expertise in dealing with business matters and ask him to advise you of the available options.   ... Read More