Legal Question in Real Estate Law in Maine

forclosed property for sale

I am in the process of buying a forclosed property. During the title search a past lein came up from 2 owners ago, somehow it fell between the cracks during the last mortgage. The bank is working their process to get this cleared up. It just seems to be taking a long time. I dont believe the lein is a contractors lein but more of a past mortgage holder never got removed from the title. This person probably doesnt even know he is still on the title. Should I try to contact this person or let the bank do its thing? If I am to contact him is there anything i need to be careful of?


Asked on 3/25/08, 7:24 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: forclosed property for sale

If the problem is a past mortgage that was likely paid off but no discharge has yet been filed, then the problem can either be cleared up by obtaining a discharge or title insurance would likely cover it.

However it is advisable that you allow your attorney to make the contact, not yourself. I stress that you should have representation in this matter and not rely on the Bank's lawyer or the title company to fix things for you. Maybe you can establish an atty-client relationship with the bank lawyer as to certian tasks, but now is not the time to try to save a few hundred dollars, it is important to be sure matters are done correctly to benefit you, now, before you take title.

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Answered on 3/25/08, 8:00 am


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