CASES CITING TITLE STANDARDS

 

Case Name

Title Standard

Quote

 

 

 

Diveto v. Kjellgren

 861 A.2d 618, 624 (Me. 2004)

 

902

“Consistent with this conclusion, Maine Title Standards, in an analysis of section 946-A, calls for a title examiner relying on a tax deed to ‘search the title prior to the recording of such deed in order to confirm that title was in fact vested in the delinquent owner prior to the taking and to determine the legal description of the property in question.’ Maine Title Standards, No. 902 (1999).”

 

 

 

Giobbi v. Bramson

560 A.2d 1079, 1080 (Me. 1989)

 

902

“The deed from Kragelund to Bramson is therefore a nullity. Bramson's quitclaim deed gave him only what his grantor held. See Manson v. Peaks, 103 Me. 430, 433, 69 A. 690, 691 (1908). His grantor held nothing. A tax deed, absent evidence that the tax liens were properly foreclosed, is not reliable evidence of title. See Hann v. Merrill, 305 A.2d 545, 547 (Me.); Maine State Bar Ass'n Title Standard No. 902 (1984). In the case at bar, not only was there no foreclosure, but there was no lien at all---not even an invalid lien.”

 

Roberts v. Frank L. McKinney, Inc

485 A.2d 647, 650-651 (Me. 1984)

 

202

207

“The buyer is charged with notice of the fatal defect in the Robertses' title. A title search conducted in August 1983 in compliance with the Maine Title Standards issued by the Maine State Bar Association would have revealed the fatal defect in the proceedings leading up to the sheriff's sale. Maine Title Standard 207 (1984).(fn3) Furthermore, examination of the complete record of this proceeding, pursuant to Maine Title Standard 202, Recommendation E (1984),(fn4) would have revealed McKinney's 1980 motion (still pending in August 1983) attacking the validity of the sheriff's sale. Cf. City of Auburn v. Mandarelli, 320 A.2d 22 (Me.), appeal dismissed, 419 U.S. 810, 95 S.Ct. 25, 42 L.Ed.2d 37 (1974) (purchasing party charged with notice of recorded tax lien).”

 

 

 

Wallace v. Norton

YOR CV-01-310 (Me. Super. Ct., Yor. Cty., Nov. 5, 2002)(Brennan, J.).

YOR CV-01-310 (Me. Super. Ct., Yor. Cty., Dec. 10, 2003)(Brennan, J.).

201

“Moreover, a title search in 1992 conducted in accordance with the Maine Title Standards issued by the Maine State Bar Association would have revealed the abovementioned restrictive covenant. MAINE TITLE STANDARD NO. 201 (1983) (recommending that examiners/ abstractors who lack notice of prior defects in the title of a warranty deed should search a period going back 40 years or more).”

 

 

 

Schaefer v. State Tax Assessor

 

956 A.2d 710 (2008 ME 148)

202

“[1] We note that the Maine State Bar Association, Standards of Title 202 (2007) provides that records and indices should be examined for a period of eleven years in order to discover any State tax liens recorded within ten years of the date the assessment became final. This standard of title is consistent with our interpretation of the statute as providing that if a notice of lien is not renewed within the ten-year window, the lien expires.”