Legal Question in Real Estate Law in Maine

Can A Grantor in a Race-Notice State convey a deed to someone , in this case that original deed dated 11 years prior was never filed, and then Grant the same property back to himself and present wife? Seems to me that as the Grantor and the Grantee as well he had prior knowledge of the existing Deed.

Asked on 7/19/16, 6:54 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

No. The Grantorís deed of the property back to himself and Present Wife is ineffectual as against the interest of Grantee of the deed from 11 years prior, because the Grantor has actual notice. The unrecorded deed from 11 years ago is, in fact, only effective as against the Grantor, the Grantorís heirs or devisees, or another person with actual notice until it is recorded.

See: Spickler v. Ginn, 2012 ME 46, ∂∂10-12 and 33 M.R.S. ß 201.

Jerome Gamache

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Answered on 7/20/16, 4:51 am

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