APPROVED CHAPTER
JUNE 12, 2025 279
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
S.P. 445 - L.D. 1027
An Act to Strengthen the Law Regarding Relief for Improvident Transfers of
Title
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 33 MRSA §1023, sub-§2, as amended by PL 2003, c. 236, §2, is further
amended to read:
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. The court shall award reasonable attorney's
fees and costs to be paid by the person who exercised undue influence over the elderly
dependent person or by any transferee who paid less than full consideration, as found by
the court. 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 Relief obtained or granted under this section may not 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 Relief obtained or granted under this
section may not affect any mortgage deed to the extent of value given by the mortgagee.
Page 1 - 132LR1661(04)


Statutes affected:
Bill Text ACTPUB , Chapter 279: 33.1023