Special Warranty Deed (Quitclaim Deed with Covenant)

IMPORTANT LEGAL NOTICE
In Maine, a "Quitclaim Deed with Covenant" is the equivalent of what other states call a special warranty deed or limited warranty deed. This deed provides a LIMITED warranty - the Grantor guarantees good title but only for the period during which the Grantor owned the property. This deed makes no representations about title problems from before the Grantor took title. Obtain title insurance for complete protection.

QUITCLAIM DEED WITH COVENANT

(Maine Special Warranty Deed)

State of Maine

RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
Maine Bar No. (if attorney): __________________

PROPERTY INFORMATION

MAINE REAL ESTATE TRANSFER TAX

Transfer Tax Exemptions (36 M.R.S.A. 4641-C)

☐ Transfer between spouses or former spouses incident to divorce
☐ Transfer to or from governmental entity
☐ Transfer to confirm title already vested
☐ Transfer without consideration
☐ Other exemption: ________________________________

Form RETTD (Declaration of Value) Required: ☐ Yes ☐ No (exempt)

PARTIES

GRANTOR (Seller/Current Owner):

Name: [GRANTOR FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Marital Status:
☐ Single
☐ Married
☐ Divorced
☐ Widowed

Entity Type (if applicable):
☐ A Maine limited liability company
☐ A Maine corporation
☐ A [State] limited liability company registered in Maine
☐ A [State] corporation registered in Maine
☐ Trustee of [Trust Name]

GRANTEE (Buyer/New Owner):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS] (REQUIRED per 33 M.R.S.A. 201)

Manner of Holding Title:
☐ As a single person
☐ As joint tenants with right of survivorship
☐ As tenants in common (____% and ____%)
☐ As husband and wife
☐ As a Maine limited liability company
☐ As a Maine corporation
☐ As Trustee of [Trust Name]

CONVEYANCE

Granting Clause

KNOW ALL PERSONS BY THESE PRESENTS:

That [GRANTOR NAME] of [TOWN], County of [COUNTY], State of Maine ("Grantor"), in consideration of [WRITTEN AMOUNT] DOLLARS ($[NUMERIC]) paid by [GRANTEE NAME] of [TOWN], County of [COUNTY], State of [STATE] ("Grantee"), the receipt whereof is hereby acknowledged, does hereby remise, release, and forever QUITCLAIM WITH COVENANT unto the said Grantee, and Grantee's heirs and assigns forever, a certain lot or parcel of land situated in [TOWN], County of [COUNTY], State of Maine, bounded and described as follows:

See Exhibit A attached hereto and incorporated herein by reference (the "Property")

Source of Title (REQUIRED per 33 M.R.S.A. 201-A)

Meaning and intending hereby to convey the same premises conveyed to the Grantor by [DEED TYPE] of [PRIOR GRANTOR] dated [DATE] and recorded in the [COUNTY] County Registry of Deeds in Book _____, Page _____.

Property Conveyed

TOGETHER with all privileges and appurtenances thereto belonging, including:

☐ All improvements, buildings, structures, and fixtures
☐ All easements and rights-of-way appurtenant to the Property
☐ All rights in streets and ways adjoining the Property
☐ All shore and water rights appurtenant to the Property
☐ All timber and mineral rights (unless excepted below)

Habendum Clause

TO HAVE AND TO HOLD the same unto the said Grantee, Grantee's heirs and assigns forever.

COVENANT OF WARRANTY (Limited)

Limited Warranty

And the said Grantor does for Grantor and Grantor's heirs, executors, administrators, and assigns, COVENANT WITH the said Grantee, Grantee's heirs and assigns, that:

1. Grantor is lawfully seized in fee simple of the granted premises;
2. The granted premises are free from all encumbrances made or suffered by Grantor;
3. Grantor has good right to sell and convey the same; and
4. Grantor will WARRANT AND DEFEND the same to the Grantee, Grantee's heirs and assigns forever, against the lawful claims and demands of all persons claiming by, through, or under Grantor, but against none other.

Scope of Limited Warranty (Quitclaim with Covenant)

THIS IS A QUITCLAIM DEED WITH COVENANT (Maine's equivalent of a special warranty deed). The warranty covers ONLY the period during which Grantor owned the property.

Grantor does NOT warrant against:

☐ Title defects existing before Grantor acquired the Property
☐ Liens or encumbrances created by prior owners
☐ Claims by parties not claiming through Grantor
☐ Matters affecting title prior to Grantor's ownership
☐ Any defects not caused by acts or omissions of Grantor

Comparison of Maine Deed Types

EXCEPTIONS TO COVENANT

This conveyance is made SUBJECT TO:

Standard Exceptions

☐ All taxes and assessments not yet due and payable
☐ Zoning ordinances and building regulations
☐ Easements, restrictions, and conditions of record
☐ Rights of utility companies
☐ State of facts an accurate survey would show

Specific Exceptions

1. [SPECIFIC EXCEPTION]
   Recorded in Book _____, Page _____, [COUNTY] County Registry of Deeds

2. [SPECIFIC EXCEPTION]
   Recorded in Book _____, Page _____, [COUNTY] County Registry of Deeds

3. [SPECIFIC EXCEPTION]
   Recorded in Book _____, Page _____, [COUNTY] County Registry of Deeds

☐ See Exhibit B for additional exceptions

GRANTOR REPRESENTATIONS

Authority

☐ Grantor has full power and authority to convey the Property
☐ If entity: Grantor is duly organized, validly existing, and in good standing
☐ If entity: This conveyance has been duly authorized by all necessary action

FIRPTA Compliance

☐ Grantor is not a "foreign person" as defined in 26 U.S.C. Section 1445
☐ Grantor is a "foreign person" and FIRPTA withholding applies

EXECUTION

IN WITNESS WHEREOF, the said Grantor has hereunto set Grantor's hand and seal this _____ day of _________________, 20_____.

GRANTOR SIGNATURE(S)

Signed, sealed, and delivered in the presence of:

Individual Grantor:

________________________________________  (SEAL)
[GRANTOR NAME]

Spouse of Grantor (if applicable):

________________________________________  (SEAL)
[SPOUSE NAME]

Entity Grantor:

[ENTITY NAME]

By: ____________________________________  (SEAL)
Name: __________________________________
Title: _________________________________

ACKNOWLEDGMENT

NOTE: Maine requires notarization but does NOT require witnesses for deed execution (33 M.R.S.A. 203).

Individual Acknowledgment (Maine)

STATE OF MAINE
COUNTY OF ______________, ss.                    Date: _________________

Personally appeared the above-named ____________________________________,
and acknowledged the foregoing instrument to be his/her free act and deed.

Before me,

________________________________________
Notary Public / Attorney at Law
Print Name: ____________________________
My Commission Expires: _________________

[NOTARY SEAL]

Entity Acknowledgment (Maine)

STATE OF MAINE
COUNTY OF ______________, ss.                    Date: _________________

Personally appeared the above-named ____________________________________,
_________________________ [title] of ___________________________________
[entity name], and acknowledged the foregoing instrument to be the free
act and deed of said entity.

Before me,

________________________________________
Notary Public / Attorney at Law
Print Name: ____________________________
My Commission Expires: _________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[TOWN], Maine [ZIP]

County: [COUNTY]
Town/Municipality: [TOWN]
Tax Map/Lot: Map _____, Lot _____

Source of Title: Book _____, Page _____, [COUNTY] County Registry of Deeds

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example format:
A certain lot or parcel of land situated in the Town of [TOWN], County of [COUNTY], and State of Maine, bounded and described as follows:

[METES AND BOUNDS DESCRIPTION]

Containing _____ acres, more or less.

Being the same premises conveyed to [GRANTOR] by deed of [PRIOR GRANTOR] dated [DATE] and recorded in the [COUNTY] County Registry of Deeds in Book _____, Page _____.

EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

[List all encumbrances that will remain after closing]

1. ________________________________________________________________
   (Book _____, Page _____)

2. ________________________________________________________________
   (Book _____, Page _____)

MAINE RECORDING REQUIREMENTS

Filing Information

• Filing Office: Registry of Deeds, [COUNTY] County, Maine
• Multiple Counties: If property is in more than one county, record in both (33 M.R.S.A. 201)
• Recording Fee: $19.00 first page + $2.00 per additional page + $3.00 preservation surcharge

Transfer Tax (36 M.R.S.A. 4641)

• State Rate: $2.20 per $500 of consideration
• County Rate: $1.10 per $500 of consideration
• Total Rate: $3.30 per $500 (or $6.60 per $1,000)
• Form RETTD: Declaration of value required

Document Requirements (33 M.R.S.A. 201, 201-A, 201-B, 203)

☐ Written instrument
☐ Source of title included (33 M.R.S.A. 201-A)
☐ Complete legal description (33 M.R.S.A. 201-A)
☐ Grantee's name and mailing address (including street, municipality, state)
☐ Acknowledged before notary or attorney (33 M.R.S.A. 203)
☐ Form RETTD (Declaration of Value) unless exempt
☐ Transfer tax paid
☐ Recording fee paid

NOTE: Without source of title and complete legal description, the document does not constitute notice to third parties (33 M.R.S.A. 201-A(2)).

Statutory References

• 33 M.R.S.A. 201 - Recording requirements
• 33 M.R.S.A. 201-A - Required contents (source of title, legal description)
• 33 M.R.S.A. 201-B - Registry of Deeds requirements
• 33 M.R.S.A. 203 - Acknowledgment requirements
• 36 M.R.S.A. 4641 et seq. - Real Estate Transfer Tax

TITLE INSURANCE NOTICE

IMPORTANT: Because this Quitclaim Deed with Covenant provides LIMITED warranties covering only the Grantor's period of ownership, Grantee is STRONGLY ADVISED to obtain an owner's policy of title insurance from a licensed title insurance company. Title insurance will protect against defects from prior owners that are not covered by this deed's limited warranty.

☐ Grantee acknowledges receipt of this recommendation

END OF QUITCLAIM DEED WITH COVENANT

Maine Revised Statutes Title 33