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A warranty deed in Maine, when duly executed, will have the force and effect of a deed in fee simple to the grantee, his heirs, and assigns, with covenants on the part of the grantor that at the time of delivery of the deed he was in lawful possession of the premises, that they were free from all encumbrances, that he had good right to sell and convey the property to the grantee to hold as mentioned, and that he and his heirs will warrant and defend the same to the grantee, his heirs, and assigns forever against the lawful claims and demands of all persons ( 33-763). These covenants are created by the use of the phrase "with warranty covenants" in the warranty deed.
Before a warranty deed is submitted for recording in the proper registry of deeds office, it must be acknowledged by the grantor before a notary public in the state of Maine, or before an attorney-at-law eligible to practice in the courts of the state of Maine, or before any of the officials listed in 33-203 of the Maine Revised Statutes. Maine has adopted the Uniform Recognition of Acknowledgements Act, which means that a notarial act performed by a notary public in another state requires only the notary's signature and title in order to be recorded ( 4-1011).
Warranty deeds and other conveyances of real estate in fee simple in Maine will not be effectual against any person except the grantor, his heirs, and devisees, and persons having actual notice thereof unless the deed is acknowledged and recorded in the registry of deeds in the county where the property is located. If the land is in two or more counties then the deed should be recorded in the registry of deeds in each county. Conveyances of the right, title, or interest of the grantor, if duly recorded, are as effectual against prior unrecorded conveyances, as if they purported to convey actual title. All recorded real estate deeds, leases, or other written instruments pertaining to real estate in Maine will take precedence over unrecorded attachments and seizures ( 33-201). In order for a warranty deed to constitute actual notice, it must meet the statutory conditions as set forth in 33-201A of the Maine Revised Statutes.
Get your Kennebec County Warranty Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
We guarantee that you will receive access to the forms that you order and that those forms will be compliant with the recording requirements for the jurisdiction the forms were purchased for and the statutory requirements for content of the document.
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