| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 19-A MRSA §953, sub-§7, as enacted by PL 1995, c. 694, Pt. | B, §2 and affected by Pt. E, §2, is repealed and the following | enacted in its place: |
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| | 7.__Decree or abstract as deed.__All rights acquired under | former Title 19, section 721 or 723 on or before December 31, | 1971 and all rights acquired under this section by a party in | the real estate of the other party are effective against a | person when the decree of divorce or an abstract of the decree | is filed in the registry of deeds for the county or registry | district where the real estate is situated. The decree or | abstract, at a minimum, must contain: |
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| A.__The caption of the case, including the names of the | parties, and any changes to the parties' names after the | decree; |
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| B.__The date the judgment is final and the court that | issued the decree; |
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| C.__An adequate description of the real estate, such as by | reference to the volume and page number of an instrument | recorded in the registry of deeds or the probate court | record, or an adequate description by metes and bounds or | by reference to the volume and page number of the registry | of deeds' records of a survey plan of the property; |
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| D.__Any provision of the decree intended by the court to | constitute an encumbrance against real estate, including | any conditions pertaining to the encumbrance, in the | verbatim language used by the court.__If the abstract does | not contain the provision required by this paragraph, an | encumbrance may not be considered effective against a 3rd | party unless the encumbrance has been memorialized in a | separate, duly recorded instrument; and |
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| E.__A clear statement of the ownership interest of the | parties in the real estate intended by the court to result | from that decree. |
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| An inconsequential failure to provide all the details required | pursuant to paragraphs A to E does not create an invalid | abstract for purposes of this section. |
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| The failure of a party to record the decree or an abstract of | the decree within a time period prescribed by former Title 19, | section 725 does not affect the rights of that party as | against the other party or the other party's heirs or | devisees. The |
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