Maine Revised Statutes Title 33 Sec. 1023 – Civil action; relief available
Current as of: 2023 | Check for updates
|
Other versions
1. Civil action. A civil action may be brought to obtain relief under this chapter by an elderly dependent person, that person’s legal representative or the personal representative of the estate of an elderly dependent person.
[PL 2003, c. 236, §2 (AMD).]
Terms Used In Maine Revised Statutes Title 33 Sec. 1023
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Dependent: A person dependent for support upon another.
- 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.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Transfer: includes , but is not limited to, a transfer under the Uniform Real Property Transfer on Death Act, but does not include testamentary transfers, which are outside the scope of this chapter. See Maine Revised Statutes Title 33 Sec. 1021
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. 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 obtained or granted under this section may 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 obtained or granted under this section may affect any mortgage deed to the extent of value given by the mortgagee.
[PL 2003, c. 236, §2 (AMD).]
3. Statute of limitations. The limitations imposed by Title 14, section 752, apply to all actions brought under this chapter.
[PL 1987, c. 699, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 699, §1 (NEW). PL 1989, c. 238, §§2,4 (AMD). PL 2003, c. 236, §2 (AMD).