Statutory short forms of instruments relating to real estate are as follows: [PL 1967, c. 377 (NEW).]
Forms:
[PL 1967, c. 377 (NEW).]
1. Warranty Deed
[PL 1967, c. 377 (NEW).]
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Terms Used In Maine Revised Statutes Title 33 Sec. 775
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
Executor: A male person named in a will to carry out the decedent
Grantor: The person who establishes a trust and places property into it.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Probate: Proving a will
Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Trustee: A person or institution holding and administering property in trust.
2. Quitclaim Deed with Covenant
[PL 1967, c. 377 (NEW).]
3. Deed of Executor, Administrator, Trustee, Guardian, Conservator, Receiver or Commissioner
[PL 1967, c. 377 (NEW).]
3-A. Deed of Distribution by Personal Representative (Intestate)
[PL 1981, c. 367, §3 (NEW).]
3-B. Deed of Distribution by Personal Representative (Testate)
[PL 1981, c. 367, §3 (NEW).]
3-C. Deed of Sale by Personal Representative (Intestate)
[PL 1981, c. 367, §3 (NEW).]
3-D. Deed of Sale by Personal Representative (Testate)
[PL 1981, c. 367, §3 (NEW).]
4. Quitclaim Deed Without Covenant or Release Deed
[PL 1967, c. 377 (NEW).]
5. Mortgage Deed
[PL 1967, c. 377 (NEW).]
6. Partial Release of Mortgage
[PL 1967, c. 377 (NEW).]
7. Assignment of Mortgage
[PL 1967, c. 377 (NEW).]
8. Discharge of Mortgage
[PL 1967, c. 377 (NEW).]
9. Deed from Individual to Himself and Another as Joint Tenants
[PL 1967, c. 377 (NEW).]
10. Deed from Multiple Grantors to Joint Tenants
[PL 1975, c. 623, §51-E (AMD).]
11. Municipal Quitclaim Deed
[PL 1967, c. 377 (NEW).]
Forms of Acknowledgments:
1 Warranty Deed
A.B. of ………., ………. County, ………., (being unmarried), for consideration paid, grant to C.D. of ………., ………. County, ………., with Warranty Covenants, ………. the land in ………., ………. County, Maine.
(description and encumbrances, if any)
E.F., spouse of the grantor, releases all rights in the premises being conveyed.
Witness …. hand and seal this …. day of …. (here add acknowledgment)
[PL 1981, c. 367, §4 (AMD).]
2 Quitclaim Deed With Covenant
A.B. of ………., ………. County, ………., (being unmarried) for consideration paid, grant to C.D. of ………., ………. County, ………., with quitclaim covenant the land in ………., ………. County, ……….
(description and encumbrances, if any)
E.F., spouse of the grantor, releases all rights in the premises being conveyed.
Witness …. hand and seal this …. day of …. (here add acknowledgment)
[PL 1981, c. 367, §5 (AMD).]
3 Deed of Personal Representative, Trustee, Conservator, Receiver, Commissioner, Executor, Administrator, Guardian or Other Specified Authorized Representative.
A.B., personal representative of the estate of C.D., (“trustee of”, “conservator of”, “receiver of the estate of”, “commissioner”, “executor of the will of”, “administrator of the estate of”, “guardian of”, or “other specified authorized representative of”) by the power conferred by law, and every other power, for …. dollars paid, grant to E.F. of …. County, …., the land in …., …. County, …..
(description)
(with appropriate release of spouse)
Witness …. hand and seal this …. day of …. (here add acknowledgment)
[PL 1981, c. 367, §6 (RPR).]
3-A Deed of Distribution by Personal Representative (Intestate)
A.B., of …., …. County, …., duly appointed and acting personal representative of the estate of C.D., deceased, as shown by the probate records of …. County, Maine, by the powers conferred by law, and every other power, (in distribution of the estate) grants to E.F. of …., …. County, …., whose mailing address is …., being the person(s) entitled to distribution, the real property in …., …. County, Maine, described as follows:
(description)
Witness …. hand and seal this …. day of …. (here add acknowledgment)
[PL 1981, c. 367, §7 (NEW).]
3-B Deed of Distribution by Personal Representative (Testate)
A.B., of …., …. County, …., duly appointed and acting personal representative of the estate of C.D., deceased, whose will was duly admitted to probate in the Probate Court for …. County, Maine, by the power conferred by law, and every other power, (in distribution of the estate) grants to E.F. of …., …. County, …., whose mailing address is …., being the person(s) entitled to distribution, the real property in …., …. County, Maine, described as follows:
(description)
Witness …. hand and seal this …. day of …. (here add acknowledgment)
[PL 1981, c. 367, §7 (NEW).]
3-C Deed of Sale by Personal Representative (Intestate)
A.B., of …., …. County, …., duly appointed and acting personal representative of the estate of C.D., deceased (intestate), as shown by the probate records of …. County, Maine, and having given notice to each person succeeding to an interest in the real property described below at least ten (10) days prior to the sale, by the power conferred by the Probate Code, and every other power, for consideration paid grants to E.F. of …., …. County, …., whose mailing address is …., the real property in …., …. County, Maine, described as follows:
(description)
Witness …. hand and seal this …. day of …. (here add acknowledgment)
[PL 1981, c. 367, §7 (NEW).]
3-D Deed of Sale by Personal Representative (Testate)
A.B., of …., …. County, …., duly appointed and acting personal representative of the estate of C.D., deceased (testate), as shown by the probate records of …. County, Maine, (and having given notice to each person succeeding to an interest in the real property described below at least ten (10) days prior to the sale) (and not having given notice to each person succeeding to an interest in the real property described below at least ten (10) days prior to the sale, such notice not being required under the terms of the decedent‘s will), by the power conferred by the Probate Code, and every other power, for consideration paid grants to E.F. of …., …. County, …., whose mailing address is …., the real property in …., …. County, Maine, described as follows:
(description)
Witness …. hand and seal this …. day of …. (here add acknowledgment)
[PL 1981, c. 367, §7 (NEW).]
4 Quitclaim Deed Without Covenant or Release Deed
A.B. of ………., ………. County, ………., (being unmarried) for consideration paid, release to C.D. of …., ………. County, ………., the land in …., ………. County, ………..
(description)
E.F., spouse of the grantor, releases all rights in the premises being conveyed.
Witness …. hand and seal this …. day of …. (here add acknowledgment)
[PL 1981, c. 367, §8 (AMD).]
5 Mortgage Deed
A.B. of ………., ………. County, ………., (being unmarried) for consideration paid, grant to C.D. of ………., ………. County, ………., with mortgage covenants, to secure the payment of ………. dollars in ………. years ………. with ………. per cent interest per annum, payable in ………. installments, as provided in ………. note of even date, the land in ………., ………. County, ………..
(description and encumbrances, if any)
This mortgage is upon the statutory condition, for any breach of which the mortgagee shall have the remedies provided by law.
E.F., spouse of the grantor, releases all rights in the premises being conveyed.
Witness …. hand and seal this …. day of …. (here add acknowledgment)
[PL 1981, c. 367, §9 (AMD).]
6 Partial Release of Mortgage
C.D., the holder of a mortgage by A.B. to C.D., dated ………., recorded ………. in the ………. County Registry of Deeds, Book …., Page …., for consideration paid, release to A.B., all interest acquired under said mortgage in the following described portion of the mortgaged premises:
(description)
Witness …. hand and seal this …. day of …. (here add acknowledgment)
[PL 1969, c. 344, §3 (AMD).]
7 Assignment of Mortgage
C.D., holder of a mortgage from A.B. to C.D., dated ………., recorded ………. in the ………. County Registry of Deeds, Book …., Page …., assign said mortgage and the note and claim secured thereby to E.F.
Witness …. hand and seal this …. day of …. (here add acknowledgment)
[PL 1969, c. 344, §3 (AMD).]
8 Discharge of Mortgage
C.D., holder of a mortgage from A.B. to C.D., dated ………., recorded ……….. in the ………. County Registry of Deeds, Book …., Page …., acknowledge satisfaction of the same.
Witness …. hand and seal this …. day of …. (here add acknowledgment)
[PL 1969, c. 344, §3 (AMD).]
9 Deed from Individual to Himself and Another as Joint Tenants
A.B. of ………., ………. County, ………., (being unmarried) for consideration paid, grant to said A.B. and C.D. of ………., ………. County, ………., with warranty covenants (or “quitclaim covenant”) as joint tenants, the land in ………., ………. County, ………..
(description and encumbrances, if any)
E.F., spouse of the grantor, releases all rights in the premises being conveyed.
Witness …. hand and seal this …. day of …. (here add acknowledgment)
[PL 1981, c. 367, §10 (AMD).]
10 Deed from Multiple Grantors to Joint Tenants
A.B. and C.D. (and E.F.), of ………., ………. County, ………., for consideration paid, grant to W.X. of ………., ………. County, ……….. and Y.Z. of ………., ………. County, ………., with warranty covenants (or with “quitclaim covenant”) as joint tenants, the land in …., …. County ………. (description and encumbrances, if any)
A.B. and C.D., husband and wife, (and E.F., and M.N., spouse of E.F.) (both) release all rights in the premises being conveyed (or I.J., spouse of A.B. and K.L., spouse of C.D., both release all rights in the premises being conveyed).
Witness our hands and seals this …. day of ………. (here add acknowledgment)
[PL 1981, c. 367, §11 (AMD).]
11 Municipal Quitclaim Deed
The Inhabitants of the Municipality of ………., a body corporate, located at ………., ………. County, ………., for consideration paid, release to ………. of ………., ………. County, ………., the land in ………., ………. County, ………..
(description and encumbrances, if any)
The said Inhabitants of the municipality of ………. have caused this instrument to be signed in its corporate name by ………., its ………., duly authorized, this …. day of ….. (here add acknowledgment)
[PL 1967, c. 377 (NEW).]
12 Acknowledgment of Individual Acting in His Own Right
State of …………
County of ………., ss (Date)
Then personally appeared the above named A. (and B.) and (severally) acknowledged the foregoing instrument to be his (or their) free act and deed.
Before me,
……………………………..
Notary Public
[PL 1987, c. 736, §52 (AMD).]
13 Acknowledgment of an Attorney
State of ………..
County of ………., ss (Date)
Then the above named ……….., who signed the foregoing instrument as the attorney of the above named (grantor), personally appeared and acknowledged the same to be his free act and deed.
Before me,
……………………………..
Notary Public
[PL 1987, c. 736, §52 (AMD).]
14 Acknowledgment of an Officer of a Corporation
State of ………..
County of ………., ss (Date)
Then personally appeared the above named (name of the officer who signed the deed, with his title), and acknowledged the foregoing instrument to be his free act and deed in his said capacity and the free act and deed of said corporation.
Before me,
……………………………..
Notary Public
[PL 1987, c. 736, §52 (AMD).]
15 Acknowledgment of an Executor, Administrator, Trustee, Guardian, Conservator, Receiver or Commissioner
State of ………..
County of ………., ss (Date)
Then personally appeared the above named A. (and B.) in his (their) said capacity and (severally) acknowledged the foregoing instrument to be his (their) free act and deed.
Before me,
……………………………..
Notary Public
[PL 1987, c. 736, §52 (AMD).]
SECTION HISTORY
PL 1967, c. 377 (NEW). PL 1969, c. 344, §3 (AMD). PL 1975, c. 104, §§1,2 (AMD). PL 1975, c. 623, §§51E,51F (AMD). PL 1981, c. 367, §§3-11 (AMD). PL 1987, c. 736, §52 (AMD).
