MaineLD 1027132nd Maine Legislature (2025-2026)SenateWALLET

An Act to Strengthen the Law Regarding Relief for Improvident Transfers of Title

Sponsored By: Harold Stewart

Signed by Governor

REAL ESTATEREAL ESTATE - TITLE

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Legal fees paid in elder undue influence cases

If a court finds a property transfer or a guaranty came from undue influence on an elderly dependent person, it can undo or rewrite the document. The court can place a constructive trust, block use or entry, and order the property returned. If undue influence is a valid defense in a suit to enforce the transfer or guaranty, the court refuses to enforce it. The court also awards reasonable attorney's fees and costs, paid by the influencer or by a transferee who paid less than full value.

Good-faith buyers keep title and mortgage

If you bought in good faith for value after a transfer from an elderly dependent person, your title and lien stay intact. Court orders under this law do not cut a mortgage below the amount the lender gave. Buyers and lenders who paid value keep their rights.

Sponsors & Cosponsors

Sponsor

  • Harold Stewart

    Affiliation unavailable

Cosponsors

  • Adam LEE

    Affiliation unavailable

  • Donna Bailey

    Democratic • Senate

  • Elizabeth Caruso

    Republican • House

  • Jennifer Poirier

    Republican • House

  • Lori Gramlich

    Democratic • House

  • Marianne Moore

    Republican • Senate

  • Mark Babin

    Republican • House

  • Nicole C. Grohoski

    Democratic • Senate

  • Rachel Henderson

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 34 • No: 0

Senate vote • 6/4/2025

ACCEPT MAJORITY OUGHT TO PASS REPORT

Yes: 34 • No: 0

Actions Timeline

  1. Signed by Governor, ACTPUB Chapter 279

    6/12/2025
  2. PASSED TO BE ENACTED, in concurrence.

    6/9/2025Senate
  3. PASSED TO BE ENACTED. Sent for concurrence. ORDERED SENT FORTHWITH.

    6/9/2025House
  4. Reports READ.On motion of Representative KUHN of Falmouth, the Majority Ought to Pass Report was ACCEPTED.The Bill was READ ONCE.Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.The Bill was PASSED TO BE ENGROSSEDIn concurrence. ORDERED SENT FORTHWITH.

    6/5/2025House
  5. Reports READ On motion by Senator CARNEY of Cumberland The Majority Ought to Pass Report ACCEPTED PREVAILED Roll Call Ordered Roll Call Number 349 Yeas 34 - Nays 0 - Excused 1 - Absent 0 Bill READ ONCE Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED. Sent down for concurrence

    6/4/2025Senate
  6. CARRIED OVER, in the same posture, to the next special or regular session of the 132nd Legislature, pursuant to Joint Order SP 519.

    3/21/2025Senate
  7. Received by the Secretary of the Senate on March 12, 2025 and REFERRED to the Committee on JUDICIARY pursuant to Joint Rule 308.2

    3/12/2025Senate

Bill Text

  • Amendment C-A (S-251), adopted by Senate

  • Enacted

  • Introduced

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