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LD1027 • 2025

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

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

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Senator Harold Stewart
Last action
2025-06-12
Official status
Signed by the Governor
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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

An Act to Strengthen the Law Regarding Relief for Improvident Transfers of Title Sponsor: Senator Harold Stewart Reference committee: Judiciary Governor action: Signed by the Governor

What This Bill Does

  • An Act to Strengthen the Law Regarding Relief for Improvident Transfers of Title Sponsor: Senator Harold Stewart Reference committee: Judiciary Governor action: Signed by the Governor

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Adopted by Senate

Plain English: Page 1 - 132LR1661(02) COMMITTEE AMENDMENT 1 L.D.

  • Page 1 - 132LR1661(02) COMMITTEE AMENDMENT 1 L.D.
  • 1027 2 Date: (Filing No.
  • S- ) 3JUDICIARY 4 Reproduced and distributed under the direction of the Secretary of the Senate.
  • 5STATE OF MAINE 6SENATE 7132ND LEGISLATURE 8FIRST SPECIAL SESSION 9 COMMITTEE AMENDMENT “ ” to S.P.

Bill History

  1. 2025-06-12 Governor

    Signed by the Governor

  2. 2025-06-09 House

    PASSED TO BE ENACTED . Sent for concurrence. ORDERED SENT FORTHWITH.

  3. 2025-06-09 Senate

    PASSED TO BE ENACTED , in concurrence.

  4. 2025-06-03 Committee

    Reported Out; OTP/OTP-AM

  5. 2025-04-02 Committee

    Work Session Held

  6. 2025-04-02 Committee

    Voted; Divided Report

  7. 2025-03-12 Committee

    Referred to Committee on Judiciary.

Official Summary Text

An Act to Strengthen the Law Regarding Relief for Improvident Transfers of Title
Sponsor:
Senator Harold Stewart
Reference committee:
Judiciary
Governor action:
Signed by the Governor

Current Bill Text

Read the full stored bill text
Page 1 - 132LR1661(04)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
S.P. 445 - L.D. 1027
An Act to Strengthen the Law Regarding Relief for Improvident Transfers of
Title
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 33 MRSA §1023, sub-§2, as amended by PL 2003, c. 236, §2, is further
amended to read:
2. Relief available; protected transfers and executions. When a court finds that a
transfer of property or execution of a guaranty was the result of undue influence, it shall
grant appropriate relief enabling the elderly dependent person to avoid the transfer or
execution, including the rescission or reformation of a deed or other instrument, the
imposition of a constructive trust on property or an order enjoining use of or entry on
property or commanding the return of property. The court shall award reasonable attorney's
fees and costs to be paid by the person who exercised undue influence over the elderly
dependent person or by any transferee who paid less than full consideration, as found by
the court. When the court finds that undue influence is a good and valid defense to a
transferee's suit on a contract to transfer the property or a suit of a person who benefits from
the execution of a guaranty on that guaranty, the court shall refuse to enforce the transfer
or guaranty.
No relief Relief obtained or granted under this section may not in any way affect or limit
the right, title and interest of good faith purchasers, mortgagees, holders of security interests
or other 3rd parties who obtain an interest in the transferred property for value after its
transfer from the elderly dependent person. No relief Relief obtained or granted under this
section may not affect any mortgage deed to the extent of value given by the mortgagee.
APPROVED
JUNE 12, 2025
BY GOVERNOR
CHAPTER
279
PUBLIC LAW