Legal Question in Real Estate Law in Maine

My husband has a hospital bill with a judgement against him if he purchases property in a particular county in Maine. The judgement (court document) was filed at the registry of deeds in 2002 & 2003. We purchased a home together in 2008. We have recently gone to re-finance our home and the title attorney says there is a judgement on my husband. I have looked at the registry of deeds pertaining to the house deed and no "liens" are on the home. I have therefore recorded a quick claim deed to get my husband's name off the deed. This was a spouse to spouse transfer as a gift. Does that make the deed free from his hospital judgement?


Asked on 2/20/10, 5:49 am

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

If the hospital wanted to pursue the judgment and fight the transfer from him to you of his interest they could. However, I suspect that your question is really more geared to getting the refinance done and I think most title insurance companies would write a policy to allow for a closing to just you if the Bank's underwriting can re-approve the loan without him as a borrower.

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Answered on 3/01/10, 10:13 am


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