Unauthorized Practice of Law in Maine - Revision history

Davidjenkins: /* Attorney Certifications of Title Searches */

2018-07-30T16:35:54Z

‎Attorney Certifications of Title Searches

Davidjenkins at 16:34, 30 July 2018

2018-07-30T16:34:50Z

Davidjenkins: /* Cross-References */

2018-07-21T06:03:27Z

‎Cross-References

Davidjenkins: /* Attorney Certification of Title Searches */

2018-07-14T18:39:37Z

‎Attorney Certification of Title Searches

Davidjenkins at 18:38, 14 July 2018

2018-07-14T18:38:04Z

Davidjenkins: /* Research */

2018-07-12T20:36:14Z

‎Research

Davidjenkins at 19:01, 5 July 2018

2018-07-05T19:01:08Z

Davidjenkins: Created page with "==Overview== ==Attorney Certification of Title Searches== * Attorney Certifications are not required, but if a lender requires one, the borrower has the option of choosing t..."

2018-07-05T19:00:29Z

Created page with "==Overview== ==Attorney Certification of Title Searches== * Attorney Certifications are not required, but if a lender requires one, the borrower has the option of choosing t..."

New page

==Overview==

==Attorney Certification of Title Searches==
* Attorney Certifications are not required, but if a lender requires one, the borrower has the option of choosing their own attorney to provide such a certification to the lender. 9-A M.R.S.A. §3-311.

==Attorney Opinions of Title==
* Attorney Opinions of Title are not required and rarely used.

==Closing Agents==
* Closings are not required to be done by attorneys.
* Attorneys are not required to be represent any parties to the transaction.

==Document Preparation==
* Title companies and their agents may prepare deeds and other documents in connection with the issuance of a title insurance policy.
* Other documents includes POA's.

===Research===
'''TIRS'''

15. Requirements Unique to Approved Attorneys
In Maine, an “approved attorney” is one upon whose certification of title an insurance company will issue title insurance.

While the Supreme Judicial Court of Maine has not addressed the issue of conducting real estate closings or preparing documents, the court has held that by using attorney letterhead and acknowledging a deed as an attorney at law, which only attorneys are authorized to do is an unauthorized practice of law if the preparer is not an attorney.

'''Statute'''

:Maine Code:33 §203. NEED FOR ACKNOWLEDGMENT
:Deeds and all other written instruments before recording in the registries of deeds, except those issued by a court of competent jurisdiction and duly attested by the proper officer thereof, and excepting plans and notices of foreclosure of mortgages and certain financing statements as provided in Title 11, section 9-1501, subsection (1), paragraph (a), and excepting notices of liens for internal revenue taxes and certificates discharging such liens and excepting notices of liens for taxes assessed pursuant to Title 36, Part 1 and Parts 3 to 8 and Title 26, chapter 13, and releases discharging such liens, must be acknowledged by the grantors, or by the persons executing any such written instruments, or by one of them, or by their attorney executing the same, or by the lessor in a lease or one of the lessors or lessor's attorney executing the same, before a notary public in the State, or before an attorney-at-law duly admitted and eligible to practice in the courts of the

==Cross-References==
* [[Maine]]

@@ Line 5: / Line 5: @@
 ==Attorney Certifications of Title Searches==
-Attorney Certifications of title searches are not required, but if a lender requires one, the borrower has the option of choosing their own attorney to provide such a certification to the lender. 9-A M.R.S.A. §3-311.
+Attorney Certifications of title searches are not required, but if a lender requires one, the borrower has the option of choosing their own attorney to provide such a certification to the lender. [http://legislature.maine.gov/statutes/9-A/title9-Asec3-311.html Title 9-A M.R.S.A. §3-311].
 ==Attorney Opinions of Title==

← Older revision		Revision as of 06:03, 21 July 2018
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	==Cross-References==		==Cross-References==
	* [[Maine]]		* [[Maine]]
		+	* [[Unauthorized Practice of Law]]

← Older revision		Revision as of 18:39, 14 July 2018
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−	==Attorney ~~Certification~~ of Title Searches==	+	==Attorney Certifications of Title Searches==
	* Attorney Certifications are not required, but if a lender requires one, the borrower has the option of choosing their own attorney to provide such a certification to the lender. 9-A M.R.S.A. §3-311.		* Attorney Certifications are not required, but if a lender requires one, the borrower has the option of choosing their own attorney to provide such a certification to the lender. 9-A M.R.S.A. §3-311.

@@ Line 1: / Line 1: @@
 ==Overview==
 ==Attorney Certifications of Title Searches==
-* Attorney Certifications are not required, but if a lender requires one, the borrower has the option of choosing their own attorney to provide such a certification to the lender. 9-A M.R.S.A. §3-311.
 ==Attorney Opinions of Title==
-* Attorney Opinions of Title are not required and rarely used.
 ==Document Preparation==
-* Title companies and their agents may prepare deeds and other documents in connection with the issuance of a title insurance policy.
+Title companies and their agents may prepare deeds and other documents in connection with the issuance of a title insurance policy.  This includes preparation of limited Powers of Attorney for closing purposes.
 ==Closings and Escrow==
-==Statute==
+Closings are not required to be done by attorneys.  Attorneys are not required to be represent any parties to the transaction.
-:Maine Code:33 §203. NEED FOR ACKNOWLEDGMENT
+Recording of documents in Maine is not required to be done by or supervised by attorneys.
 ==Cross-References==
 * [[Maine]]
 * [[Unauthorized Practice of Law]]

@@ Line 16: / Line 16: @@
 * Other documents includes POA's.
-===Research===
+==Statute==
 :Maine Code:33 §203. NEED FOR ACKNOWLEDGMENT

@@ Line 8: / Line 8: @@
 * Attorney Opinions of Title are not required and rarely used.
-==Closing Agents==
+==Closings==
 * Closings are not required to be done by attorneys.
 * Attorneys are not required to be represent any parties to the transaction.