Menu
Log in
Log in

    



 

Maine Alliance for Road Associations

Recording a NOC on a Parcel Recently placed in a "Living Trust"

  • 27 Feb 2026 2:49 PM
    Message # 13603224
    Anonymous member (Administrator)

    We have a Statutory RA functioning quite well with 10 Parcels since 2016. We have one member who has not ever paid their annual assessment. The parcel owner has received 20-day notices and has had 10 NOCs recorded in the County Registry against the parcel. 

    When I retrieved the most recent NOC from the Registry for our records, I noted a new deed indicating that the Parcel had been recently placed into a "Living Trust" with the same parcel owner signing the deed as Trustee.

    Do we need to change anything we do during the recording process to account for this change in status of the parcel?   Also, I wonder if the fact that she put the property into a trust makes any difference in terms of our collection of her nonpayment, or our reporting of that nonpayment?

    Last modified: 27 Feb 2026 7:26 PM | Anonymous member (Administrator)
  • 11 Mar 2026 9:09 PM
    Reply # 13608695 on 13603224

    The owner didn't sell her property, just changed its name. The living trust is happening everywhere because people are aware that by changing their own deed to a living trust prevents Maine care system from taking their property, if they are over the 5-year earmark before getting services.

    I hope you also wrote the new title of owner on your written notice for the current term owed.

    So, the only thing you change on your new NOC is the book and page and name/title.

    If you added your extension on previous NOC with the former name in your written notice, then add the extension of the former book, page and name in the NOC.

    Bottom line, when she dies, the new owner listed in the deed for the living trust will have to PAY all the liens owed before the new owner can "transfer" the deed to her/him.

    This scenario has happened to a similar owner but instead the owner had created an LLC for his property. Fortunately, he paid to discharge the lien.

    Note I call it a lien, because in accordance with Registry of Deeds this is how they list it, and it helps flag to title companies, banking institutions, and creditors that our NOC's lay claim to the property, and it must be paid before refinancing mortgages, etc.

  • 12 Mar 2026 9:22 AM
    Reply # 13608832 on 13603224
    Anonymous member (Administrator)

    I recently had the opportunity to attend a meeting of the Registers of Deeds Association, and I asked them about whether a NOC should be filed as a lien or as Miscellaneous.  It seems that up until now, some counties have been doing it one way, and some the other.  But they said that since a NOC is not the same thing as a lien, since it doesn't culminate in the taking of the property, it should NOT be filed as a lien.  However, they assured me that when anyone does a title search, they don't go looking for liens, they go looking for the name.  That way if there are ANY other claims against that name, (including under Miscellaneous,) they will show up.  Other claims they would want to find would include, for example, where someone sold off a piece of their property, or sold a right of way across it, or if there was a mechanic's lien against the owner.  Rights of way generally are listed under Miscellaneous, and would be missed if the title searcher only looked for liens.  I have seen cases where a family member who was appointed executor of an estate sold property without doing a title search, with the result that the buyer didn't know someone else owned a right of way across it.  That's why proper title searches and title insurance are so important.  That could also happen with a NOC, of course, but that doesn't invalidate the claim.  It just makes it harder to collect payment, since it won't happen at the time of the sale.

    Last modified: 15 Mar 2026 10:00 AM | Anonymous member (Administrator)
  • 13 Mar 2026 9:59 AM
    Reply # 13609287 on 13603224

    The definition of Misc.. for Registry of Deeds is Title 33:

    §654. Miscellaneous records

    Registers shall receive and record all certificates in equitable proceedings, copies of judgments and decrees certified by the clerk of courts in the county where the complaint is pending or the judgment or decree is rendered, certified copies of the proceedings of any court, corporation, municipal body or other tribunal through or by which the right of eminent domain has been or may be exercised to affect the title to real estate, copies of portions of wills devising real estate situated in their respective counties or districts, affidavits filed under Title 10, section 9094‑A, subsection 3‑C and all other instruments that they are by law required to record. They shall receive all copies of seizures on execution and special attachments made and attested by any officer of real property situate in their respective counties or districts and certify on them the time when they are received, and certificates of advertised stallions and copies of processes against domestic corporations filed for service by officers in the registry, keep them on file for the inspection of parties interested and enter them in suitable records properly indexed. 

    Whereas title 23:3104 says:

     Any money owed pursuant to section 31013102 or 3103 is an obligation that is personal to the owners of the subject parcels, jointly or severally, and also burdens the parcel and runs with the land upon the transfer of any owner's interest. 

    So, is the Registry of Deeds saying that our NOC's are claiming eminent domain under misc?

    Currently NOC's that are only a NOC is recorded as a lien.

    The document/instrument in which Registry of Deeds is most challenged by is the combination of a NOC and previously recorded NOC (extension). This document is the real issue where they are classifying it as a MISC. But the new law has repealed the cost for extensions:

    13-A.  (TEXT EFFECTIVE UNTIL 1/01/26) Previously recorded instrument.  An instrument satisfying, releasing, discharging, assigning, subordinating, continuing, amending or extending an instrument previously recorded in the county in which recording is requested must make reference to only one previously recorded instrument, or a fee of $13 for each additional previously recorded instrument referred to must be paid.  

    [PL 2005, c. 246, §3 (AMD).]

    13-A.  (TEXT REPEALED 1/01/26) Previously recorded instrument. 

    [PL 2025, c. 328, §4 (RP); PL 2025, c. 328, §10 (AFF).]

    Thereby, eliminating the cost on previously recorded instruments (our NOC extensions) still leaves the question of how to classify/index a NOC with an extension document. I prefer a lien classification as it red flags the uninformed citizen whereas a Misc implies it's not important.

  • 16 Mar 2026 12:43 PM
    Reply # 13610123 on 13603224
    Anonymous member (Administrator)

    Margaret, thank you for your detailed reply of Mar 11 above. I have changed the name/title on the NOC and recorded it. I also prefer recording the NOC under the "lien" category because it gives the encumbrance more "weight".

    Last modified: 16 Mar 2026 5:34 PM | Anonymous member (Administrator)
  • 19 Mar 2026 7:40 AM
    Reply # 13611290 on 13603224
    Anonymous member (Administrator)

    I've been thinking about the need for changing the name/tiltle and rerecording the NOC after discovering the new Deed which places the above parcel in a Trust. 

    The Statutes do not require us to monitor the County Registry for changes in name/title and address of the property owner delinquent in payment. The Statutes require us to use the owner information on file with the town assessor. In the case above, the tax records have not yet been changed. I believe we are within our rights to have recorded the NOC as we did, waiting for the tax records to reflect the name/title change.

    Last modified: 20 Mar 2026 6:51 AM | Anonymous member (Administrator)
  • 20 Mar 2026 12:35 PM
    Reply # 13611797 on 13603224

    Great point Sandy, this is always the tricky situation, the tax assessor's office has a significant delay in obtaining the new deed information. 

    We had a case where the owner gave us a separate address for billing and found out, it was a fake address. Obviously, the owner was paying their taxes, so we resorted back to the address from the tax assessor's office.

                            The Maine Alliance for Road Associations


Powered by Wild Apricot Membership Software