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OpenDocumentA Maine quitclaim deed with covenant, also known as a “special warranty deed,” transfers property from a grantor to a grantee with the partial covenant (a promise under seal) that the property title is clean. The grantor’s promise is partial because they only warrant that the title is free from encumbrances incurred during their time as the property owner.
If there are any leases, mortgages, or other claims from prior owners other than the grantor, the grantee may be held responsible for resolving these encumbrances when they become the title holder. Unresolved claims can greatly hinder the grantee’s ability to get approved for financing from a bank, so the grantee should practice due diligence before agreeing to receive property through a deed with limited covenants.
- Statutes: 33 §§ 765, 766
- Formatting:
- Signing Requirements (§ 203): Notary Public
- Where to Record: Registry of Deeds
- Recording Fees (County Deeds Fee Schedule): $19 plus a $3 surcharge and $2 for each additional page.
- Forms:
- Real Estate Transfer Tax Declaration (Form RETTD) (Online/PDF): Must be completed and filed with the deed (unless the transfer is a gift).
- Property Disclosure Statement (§ 173): Must be completed by real estate sellers to provide buyers with an inventory of the property and any defects or hazards.
Related Forms
Quitclaim Deed without Covenant – Conveys property without any assurance of the grantor’s right to transfer or that the title is clean.
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