FREQUENTLY ASKED QUESTIONS (FAQ’s)

The information provided below is presented for informational purposes only. If you have specific questions concerning real estate you should consult an attorney.

1. What kind of advice can I get from the Registry of Deeds about preparing documents or the status of my title?

The Lincoln County Registry of Deeds is an “office of record”, which means we accept documents for recording that meet the minimal legal requirements for recording as set out by Maine law. Documents are placed on “record” at the appropriate Registry in order to be valid against and give notice to any persons who have an interest in the property affected by the document. Recording a document at the appropriate Registry puts the “world on notice” of that document.

Essentially a Registry of Deeds is a “library” of recordings. The person presenting the document for recording assumes the status of the author and the Registry staff are the librarians who catalog and put it on the shelf. Just as with a library the Registry does not act as an “editor” or “ghost writer” for the “author”.

With that preamble, the answer to the question posed above is as follows: Aside from examining a document to see if it meets the minimum legal requirements for recording, the Registry is prohibited by law from giving “ legal advice” concerning the document. The prohibition against giving “legal advice” includes a prohibition against advising or offering opinions on matters such as:

Our advice to anyone who has any of the above questions or issues is to consult with an attorney. Documents that are accepted for recording at a Registry become permanent public records and are not alterable once accepted for recording. The likelihood that the document you are recording will affect your most valuable asset, your home, should give you pause before recording anything you have not previously run past your attorney.

We want to help you in any way we legally can in your dealings with the Lincoln County Registry of Deeds, so please do not hesitate to ask questions. Please understand however that if your question calls for us to give you “legal advice” as we define the term, we may not be able to be as much help as you may hope or expect. Thank you.

2. How do I obtain a copy of my deed?

Deed copies are $1.00 per page and can be obtained by stopping by the office or sending your request with Book and Page reference along with the proper amount to the Registry of Deeds, P.O. Box 249, Wiscasset, Maine 04578. Faxed requests are also accepted. If you do not know the title reference, you can check the Public Search at this site. We cannot do a title search for you. If you are looking to research a title or need copies of more than just your deed, you can contact an independent title examiner. There are many people who make their living doing title examinations who are at the Registry frequently. Contact us for a list of local abstractors.

3. What do I need to do after I have paid off my mortgage?

Congratulations! You have paid off your mortgage. In order to clear your property title of the mortgage, a “Discharge” or “Satisfaction” must be recorded with the Registry of Deeds. Some mortgage holders send this document directly to the Registry for recording while others send the original to the mortgagor to be taken care of by them. If you receive an original copy of this document, you can mail it to the Registry with the proper fee for recording.

4. How do I change the title to my property?

If you own property and want to transfer ownership to someone else or if you want to retain an ownership interest and grant a part ownership to someone else, you need to prepare and execute a new deed. You cannot do this by telephone, by letter or by crossing out and/or adding names to your old deed. We at the Lincoln County Registry of Deeds cannot prepare the deed for you. We do not have deed forms, nor can we advise you as to whether the deed you present to us will have the effect of doing what you want it to do.

All we can do is examine the deed to determine if it meets the legal requirements for recording. If a deed meets the basic legal requirements and the proper fee is presented, a deed will be accepted for recording. Please be advised that once a deed is accepted for recording, it cannot removed from the public record. We urge you to seek the advice of an attorney if you have any questions, because the consequences of a mistake can be significant.

5. How much does it cost to record a document at the Registry of Deeds?

Recording fee for the first page is $16, and $2 for each additional page.
Extra names will be $1 each after the first four on all documents. Marginal references are $13 each after the first one. A Maine real estate transfer tax form must accompany any deed to be recorded. This tax is collected by the Registry for Maine Revenue Services and is based on the formula of $4.40 per thousand. Questions regarding transfer tax should be directed to the Registry since there are several exemptions and exceptions in place.

6. I can’t find my deed. Is that a problem?

It shouldn’t be an issue as you do not need to present the original deed to sell or mortgage your property. Also, a certified copy of your deed obtained from the Registry has the same effect as the original.

7. Someone put a lien on my property. How do I remove it?

A document that is recorded at the Registry of Deeds is never removed from the official records. Instead, another document that discharges or releases the first one is recorded. The two taken together show that the lien is no longer in effect. Generally the party that issued the lien must issue a release of the lien which would then be recorded at the Registry.

8. Someone owes me money. How do I put a lien on his property?

If the money is owed to you as payment for goods and services performed on a building or real estate, you may be able to create a “Mechanic’s Lien. Registry personnel cannot help you with this so you may want to seek the help of an attorney.