LD 1275
pg. 3
Page 2 of 3 PUBLIC Law Chapter 236 LD 1275 Title Page
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LR 1162
Item 1

 
1. Civil action. A civil action may be brought to obtain
relief under this chapter by an elderly dependent person or, that
person's legal representative or the personal representative of
the estate of an elderly dependent person.

 
2. Relief available; protected transfers and executions.
When a court finds that a transfer of property or execution of a
guaranty was the result of undue influence, it shall grant
appropriate relief enabling the elderly dependent person to avoid
the transfer or execution, including the rescission or
reformation of a deed or other instrument, the imposition of a
constructive trust on property or an order enjoining use of or
entry on property or commanding the return of property. When the
court finds that undue influence is a good and valid defense to a
transferee's suit on a contract to transfer the property or a
suit of a person who benefits from the execution of a guaranty on
that guaranty, the court shall refuse to enforce the transfer or
guaranty.

 
No relief obtained or granted under this section may in any way
affect or limit the right, title and interest of good faith
purchasers, mortgagees, holders of security interests or other
3rd parties who obtain an interest in the transferred property
for value after its transfer from the elderly dependent person.
No relief obtained or granted under this section may affect any
mortgage deed to the extent of value given by the mortgagee.


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