This 1983 edition of the Maine State Bar Association Title Standards results from the efforts of the Real Estate and Title Section and the Title Standards Subcommittee during a dozen meetings over the past three years. Attendance at each meeting has varied from 25 to 42 persons. Since the reorganization of the Section in 1968, the Title Standars Subcommittee has met semi-annually with additional meetings scheduled when special projects such as this publication are in progress. The Title Standards Subcommittee contributed countless hours of time and effort in meetings, research, stenographic and other staff assistance, including many attorney "volunteers" who have analyzed individual standards, researched potential changes, and served as discussion leaders to reconstruct this work into a usable, more modern form.

This edition contains 39 standards which have been either amended or first adopted in this publication. It attempts to reflect changes in Maine real estate law resulting from new statutes and judicial decisions in areas such as the Maine Probate Code, foreclosure proceedings, bankruptcy, divorce and the like.

Without minimizing the attention devoted to other standards, particular energy was expended upon Standards 609, 801 and 501.

Title Standard No. 609, formerly Title Standards No. 14, received major attention in this revision. Outstanding research and drafting efforts were provided by the Subcommittee members. Members of the Subcommittee report that there are still significant variations in the practice of individual attorneys regarding both the choice of a mode of a pending forclosure and the attitude about the validity of completed foreclosures. Every practitioner in this area should be particularly cautious to make a maximum effort in choosing the proper mode for a new foreclosure and to strictly adhere to its applicable statutory requirements.

The adoption in April of 1983 of Standard No. 801, formerly Standard No. 35, followed two years of discussion about the validity of this Standard No. 801. Some of the discussions resulted in new legislative proposals being made to attempt to clarify this area.

Title Standard No. 33, now Standard No. 501, has been in effect since the first publication in 1960. Despite major attention, this was an area in which the discussions failed to reach agreement regarding a new standard. Several thoughtful and extensive proposals for a revision of Standard No. 501 were considered. There are some members of the Subcommittee, including the undersigned, who feel that this standard fails to adequately address a serious problem for the Maine attorney, and the public. It is anticipated that this standard will receive further study. There are several unresolved matters which include the manner in which the attorney warns his client where a legal description is insufficient. Exceptions in title certificates of "matters which would be disclosed by a survey" and the standard exception in title insurance policies of "any state of facts, which a current survey acceptable to the company and personal inspection of the premises would show" do not always adequately advise the purchaser of the property about the potential for future problems. Careful attention must be given on behalf of every client to determine that the description used in a conveyance represents the best effort under the circumstances of the transaction. Anything less is eventually going to embarrass the client and the attorney, either economically or professionally.

Users of this revision will note that the standards have been renumbered and reorganized. It is hoped that the initial inconvenience to the users will be overridden by the long term benefits. The Subcommittee is particularly indebted to Christopher S. Neagle, Esq. For extensive work upon the reorganization of this volume and its index, as well as to Caspar F. Cowan, Esq. for his diligent and scholarly assistance in incorporating the changes caused by the Maine Probate Code.

The Bar of the State of Maine and the users of this volume should be aware that many persons have contributed to the formation of this 1983 revision with particular recognition being due to the following contributors to this project:

No effort has been made in this revision to restate or reprint the wisdom and philosophy so well stated in the prefaces to the previous revisions. The reader may be well advised to retain the previous prefaces and transfer them to this volume. Notwithstanding the previous publication of suggested forms for title opinions and abstracts of title, the practice continues to vary so much from county to county that the appendix of forms has also been omitted. The Subcommittee will continue to meet regularly and will consider the propriety of providing forms for use with this revision at a later date. Meanwhile, reference may be had to Standard 205 and the prior appendix of forms.

It is sincerely hoped that this edition will continue to provide the assistance and guidance to the title community that has been provided by the previous publications. It should be remembered by the user, however, that these standards do not have the weight of legislation nor judicial decision. A Webster dictionary definition of standard includes "having the qualities of a model, gauge, pattern, or type". Adherence to the Standards of Title promulgated by the Association is recommended, but their relative weight and authority should always be kept in the correct perspective by the Title bar.