How to Access Property Records in Maine

What Information Can You Find in Maine Property Records?

When you embark on a property history search, you can find many details about a property you might not expect. Some records are very detailed, and others are lighter. There is a lot of overlap between them.

Some of the things that a property history search may reveal include:

Deeds and Conveyance Records

Deeds are a very common type of property record. They transfer ownership of the property and verify the title. Deeds detail the location and description of the property and are used in every real estate transaction.

All parties must sign deeds, and a notary must witness them. Some of the information contained in deeds includes:

• Name of the Seller/Grantor and Buyer/Grantee.
• A detailed description of the property.
• Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
• Conveyance language explaining the ownership transfer from one person or entity to another.
• Notarization and execution are at the bottom, where everyone signs to make it legal.

Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.

Property Tax Records

Property taxes in Maine are a considerable funding source that pays for roads, schools, and government services. Local county tax assessors use one of three methods of determining the value of a home to set the tax rate. In Maine, the assessor tries to achieve a fair market value (what it would sell for in the current market) to set taxes fairly. The Maine Department of Administrative and Financial Services Revenue Department is responsible for each local county tax office.

The average effective property tax rate in Maine is 1.09%. That means the average homeowner pays about $2,756 per year.

Property tax records include the following:

• Name of the Property Owner - The document will show the owner's name and who is liable for the taxes. It may also include contact information.
• Amount Due - The document will show the taxes due, including the due dates.
• Land Value - The document shows the value of the land as determined by an assessor.
• Exemptions - The document will outline any exemptions applying to the tax calculations and the exact amount.

How Often is Property Tax in Maine Assessed?

The Maine Revenue Service must certify to the Secretary of State the full equalized value of personal and real property annually under Maine laws. Local assessors are in charge of property valuation and, thus, tax valuations. Local assessors have specialized property assessment methods to determine the taxes owed for the year. However, they must follow state guidelines. The following is the standard method of property assessment in Maine:

• Inspections - The assessors may start by physically inspecting the property to verify data and assess its condition. Inspectors may take measurements, notes, and photographs to support their assessments.
• Valuation - Valuation is determining the value of the property. Assessors have the option of using three approaches to determine the value of the property. The first is the market approach, where the assessor rates similar recently sold properties in the area against the property to determine its worth. The second method is the cost approach, which requires the assessor to determine the property's replacement cost minus the depreciation appropriate to the existing property. Third is the income approach, where the assessor calculates the property's value based on the income it generates or could generate.
• Calculation - The assessor applies the local government's assessment rate to find the taxable value. Then, using this value, the assessor calculates the property taxes owed.
• Notice - Property owners then receive an assessment notice that provides the property's assessed value, assessment rate, tax rate, and total taxes owed.
• Appeals - If the property owner believes the value is unfair or inaccurate, they may appeal to the local assessment board.

Building Permits and Regulations in Maine

Building permits are handled at the municipal level. Maine has 482 municipalities. You must visit the one where the property resides to obtain a building permit. You can apply through the town's Code Enforcement Office. Some allow you to apply online through their website.

Property Liens and Encumbrances in Maine

Encumbrances like liens can negatively impact property if there are too many, leading to foreclosure and the loss of the home. Liens appear in public property records and can lower the home's value and even damage the owner's financial reputation. There are two main types of liens: voluntary and involuntary.

Voluntary Liens

Voluntary liens are completely within your control. You choose to use your house as collateral for a loan, and the lender puts a lien on the property to protect themselves. If you default on the loan, they can foreclose and sell the property to get paid back.

• Mortgage Liens - Mortgage and home equity liens are liens placed on the house in return for lending you money. The lien will remain on the property until the loan is paid off.

  The standard information in a mortgage record includes:

  • Mortgage Terms - The record may contain the mortgage terms, such as its duration, payment frequencies, and minimum contributions.
  • Loan Details - The document should outline details of the loan, including the initial borrowed amount, the interest rate, and the total repayable amount.
  • Penalties - The record may outline the penalties for late or skipped payments. Some records also show penalties for prepayments if applicable.
  • Names of Those Involved - The document should identify the parties involved plus their duties. There may be information on their rights as well.

Involuntary Liens

You do not have any control over involuntary liens; they are imposed against your will if you do not pay a debt you owe. These types almost always lead to foreclosure and loss of the home.

• Mechanic's Liens - Contractors, laborers, landscapers, and material suppliers can use a mechanic's lien to get paid if they perform work on your property and then you refuse to pay them. They must sue you in court to enforce the lien.
• Tax Liens - Local tax officials use tax liens when you don't pay your annual property taxes. They first impose the lien, and if you still don't pay, they foreclose and sell your home at auction well below fair market value.
• Judgment Liens - Creditors can use judgment liens to get paid a debt you owe them. They must sue you in court, and if they win, they can foreclose and sell your home to get what is due.

The Process of Property Liens in Maine

Placing a lien on a property in Maine differs depending on the type of lien. Here is an overview of the process of placing a judgment lien on a property:

• The first process is obtaining a judgment. The lender must file a lawsuit against the debtor, present the case, and obtain a judgment in their favor. The court's ruling confirms the debt owed.
• Next, the lender should docket the judgment with the appropriate office. Docketing creates a public record by officially recording the judgment with the court clerk.
• The next step is similar: the lender records the judgment with the registry of deeds office at the county level, creating a lien and a public record of it. The lender also notifies potential buyers and other relevant parties of the claim on the property.
• The lender may renew the lien for an additional 20 years before the initial period expires.

Easements and Covenants

Easements and covenants are other pieces of information you will come across. These frequently accompany deeds. Easements are rights of way that allow someone other than the owner to access the property for some reason or another. An example might be a utility company with power lines on private land. The company can enter the land to maintain its power lines without asking first. Any new owner must abide by this same arrangement.

Covenants are strict rules about how the land can be used. These are most often used in gated communities and condo developments. An example might be a no-dog rule to keep the neighborhood quiet.

Plats and Surveys

Both plats and surveys are types of maps. Surveys show a single property's boundaries and map coordinates, while plats also show the boundaries of all the neighboring properties.

Surveys include the following information:

• Property Description - Survey documents allow property owners to obtain a legal description of their property. The record will include this description, as well as other identifying features.
• Monuments - The record may show the physical markers on or near the property's boundary corners of significant points.
• Boundary Lines - The survey will include the property's boundary lines with details such as lengths, directions, and angles.
• Easements and Encroachments - Records may show easements and encroachments on the property, which can help solve boundary disputes.
• Other Property Information - The documents may include information about adjacent properties, such as property lines and shared boundaries.

Property Descriptions and Boundaries in Maine

Another essential piece of information about real property is its legal description. Each property has one, which includes map coordinates and a written description detailing nearby natural landmarks.

Surveys measure the land and map out coordinates, so each piece of real property has its own distinct location. They are used frequently before new development, underground utilities are installed, and boundary disputes are installed.

Boundary disputes erupt when neighbors fight over where property boundaries lie. These can end up in court, where a judge must decide the outcome. The courts rely on the expert testimony of professional surveyors to determine the proper boundaries.

Foreclosures

When a house is in foreclosure, it appears in public property records. These houses usually sell for less than fair market value and can be complicated sales. More paperwork is involved, and all the liens must be cleared before the sale can close. Regular buyers will shy away from these homes.

Pre-foreclosure homes mean that they haven't yet been sold at auction. Savvy investors look for these types of deals to buy them cheaply and sell them for a profit. It's a good deal for the owner who gets out of debt without showing a foreclosure on their credit report.