Back to Index of Unique Facts About Maine Back to Registries of Deeds Searching Titles to Maine Properties Maine Title Standards: The Maine Title Standards, first adopted in the 1960's by the Maine Bar Association (MSBA), and amended from time to time, seek to establish a guide to searching titles and offers possible solutions to certain problems commonly encountered. The Title Standards are not meant to be a comprehensive guide to searching titles, but are offered as a guide to the practicing attorney or abstractor. They do not have the force of law. The MSBA Title Standards Subcommittee currently meets three of four times each year to update the standards to incorporate changes in real estate law, both legislative and judicial, and changes in foreclosure, bankruptcy, divorce laws etc. Resting deed: Generally a title search entails searching titles back at least forty years to a warranty deed. However, this resting deed may not be adequate itself. It is not uncommon that this 40 year old deed is inadequate as it may put the abstractor on notice that full title may have not passed, necessitating further research. As an additional caveat, one should remember that Maine is not a "marketable title state" and matters predating forty years can affect title. Different practices and philosophies exist within each registry: Searching titles to properties in Maine can be very challenging and time consuming because the indexing and searching practices at each registry are not uniform throughout Maine. In addition, the indexing practices within each registry have changed at different periods in history. Examples include: At the Cumberland County Registry of Deeds, the 1915-1923 index books are "coded" so that the Germans during WWI could not determine who owns what property in Cumberland County (names are indexed starting with the second letter of the last name and first letter of first name). There may be separate books and separate indices on Foreclosures, Attachments, Financing Statements, Mortgages, Certificates of Organization, Plans/Surveys, Island Registry, and Wills. Plan indices may be indexed alphabetically by City/town and then chronologically or by surveyor's name, plan name, street name and subdivision within each City/town. The Grantor/Grantee indices may either be listed together in one book or may be listed in separate books. These indices generally identify the names of the parties, type of document, city/town in which the property is located in, instrument number, date of recording and book and page of document. Again, the information and abbreviations used in each of these categories may differ historically within each registry and will differ from registry to registry. Examples include: If a seller's name is "Edward Sullivan Company", it may be indexed under "E", "S" or "C" (for Company). If the seller's name begins with numeric numbers (for example "123 Middle Road Associates"), it may be indexed under "123" which may fall either before the names listed under "A" or after the names listed under "Z", it may be listed under "O" as if the "123" was spelled out or it may be listed under "NU" or at the beginning of the names starting with "N". Similar names (Mathews and Matthews, Smith and Smyth) may be included in the same section alphabetized by first name or separately indexed under the different spellings. State of Maine may be indexed under "State" or "Maine" Names with spaces may precede the sections for the same name without a space. For example, the section listing La Belle, La Point and La Valley will follow with a section listing Labelle, Lapoint and Lavalley (Labelle with follow La Valley). LaBelle and Labelle may refer to the same individual. Indices on names beginning with "Mc" and "Mac" might be at the beginning of the M's, in strict alphabetical order or in separate sections. Instrument numbers on the computerized indices may not match those on the recorded documents. Instrument type references may be missing and city/town references may be inaccurate. Corporations, Banks, Churches, and Schools may be indexed under the respective category. Foreign names (i.e. Lee Wong Chee) may be listed under "L", "W" or "C" or cross-referenced under all three names although there is no guaranty. Trusts may be listed under the trustee's name only or under the trust's name. Another dilemma facing title searchers: A fairly new phenomenon that is a result of the computerized indices is the fact that the registries may correct the indices at any point in history without the public's knowledge. For example, one may search title owned by John Doe one day to find no liens indexed under his name for the period search; however, a future search of the same indices on Joe Doe may disclose a lien indexed under his name for the same period. This may be the result of someone bringing the mistake to the attention of the registrar, and the registrar correcting the error or omission by changing the indices. Other information available at the Registries: A wealth of historical information can be found at each registry of deeds which may not be included in the indices. Examples include: tax maps, historic plans, vital records, atlases, unrecorded instruments, range maps, county commissioner's reports, road layouts, probate files outlining significant partitions of land, layouts for the main railroad lines, aerial photographs, topography maps, cemetery books, and street name-change files. Back to Index of Unique Facts About Maine Back to Registries of Deeds