STANDARD NO. 305

 

PROBLEM:

Under what circumstances should the examiner rely on a sheriff’s deed in the chain of title?

RECOMMENDATION:

When the redemption period has expired and when investigation of the original court record reflects full compliance with the provisions of the statute under which the original attachment and/or levy and sale were made.

DISCUSSION:

This standard does not vary Standard No. 902, which governs reliance on a sheriff’s deed pursuant to judgment in a civil action for collection of unpaid municipal taxes.

CAVEAT:

It is noted that prior to the effective date of the Maine Probate Code (1/1/81) such a deed would not convey the right and interest by descent of the debtor’s spouse. See Crockett v. Borgerson, 129 Me. 395 (1930).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

First adopted August 25, 1964; amended June 19, 1975 and December 7, 1983. Formerly Title Standard No. 56.

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