ME Legislative Docket 1275 | NNA
Law

ME Legislative Docket 1275

Notary Law Update: ME Legislative Docket 1275

State: Maine

Summary:

LD 1275 simplifies the statute regarding title defects by removing specific defects in the taking of an acknowledgment.

Signed:  June 14, 2017

Effective:  September 19, 2017

Chapter: TBD

Affects:

Amends 33 MRSA Sections 352, 353-A and 353-B

Changes:
  1. Simplifies the statute regarding title defects by removing specific defects in the taking of an acknowledgment. 
  2. Clarifies that a record of a deed or other instrument, including a power of attorney, for the conveyance of real property, or of any interest in the real property, and recorded for at least 2 years in the registry of deeds of the county or district in which the real property is located, is valid and enforceable even if the acknowledgment was incomplete or defective in any respect, no acknowledgment appears in the record of the deed, other instrument or power of attorney or no acknowledgment was taken. 
Analysis:

According to the bill summary for LD 1275, amends the laws governing the validation of title defects to specify under what circumstances various defects in deeds and other instruments and subdivision plats do not affect title to real property. The bill removes the need for periodic updating of these laws by specifying the applicable lookback period. The title of the bill says it is "An act to amend and remove the need for periodic update of the laws governing the validation of title defects." The key part of the new law is that after a document has been recorded for two years, the document with a defective acknowledgment is valid and enforceable. The bill became law when the Governor chose not to sign it into law.

Read the bill text.

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