Transfer on Death Deeds in Maine: What Real Estate Agents Need to Know

What is a Transfer on Death Deed (TODD) and how does it really impact real estate transactions in Maine?

In this episode of Behind the Title, Bobbie Grenier is joined by real estate attorney Shannon Esty to break down the real-world application of TODDs—an increasingly common estate planning tool designed to help property transfer outside of probate.

While TODDs sound simple on the surface, this episode uncovers the hidden complexities that can affect title, financing, and closing timelines. Whether you're a real estate agent, lender, or homeowner, understanding how TODDs interact with title insurance, underwriting guidelines, and probate laws is essential to avoiding delays and surprises at closing.

🔑 What You’ll Learn

* What a Transfer on Death Deed is and how it works in Maine

* Why TODDs were created and their role in avoiding probate

* Why TODDs don’t always eliminate probate as expected

* How TODDs impact title searches and real estate closings

* When and why a TODD may need to be revoked before a sale or refinance

* What happens when a property is sold by a TODD beneficiary

* The importance of recording a Notice of Death

* How title insurance underwriters view TODDs and risk

* Key issues with power of attorney and gifting authority

* Why timing, especially within one year of death, matters in a transaction

- ⚠️ Key Takeaways

* TODDs do not transfer ownership until death and the beneficiary has no current interest

* You can still sell or mortgage a property with a TODD, but extra steps may be required

* Underwriters often require clear recordation or revocation to reduce risk

* Selling as a beneficiary can be more complex than expected

* TODDs are helpful but not always the simple probate workaround people think they are

👥 Who Should Listen

* Real estate agents in Maine

* Buyers and sellers navigating estate-related transactions

* Lenders and mortgage professionals

* Homeowners considering estate planning options

* Anyone dealing with inherited property

📣 Connect With Us

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This podcast is for informational, educational, and entertainment purposes only and is not intended as legal advice .

Join host Bobbie Grenier on *Behind the Title* as she welcomes Treworgy & Baldacci attorney Shannon Esty for a practical, no-nonsense crash course on **foreclosure in Maine**. This episode is packed with valuable insight into the **Maine foreclosure process**, including the foreclosure timeline, homeowner options, and what real estate professionals need to know when navigating distressed properties.

Bobbie and Shannon break down key topics like **short sales in Maine**, **deeds in lieu of foreclosure**, and how to successfully approach **buying a foreclosure property** or **bank-owned (REO) real estate**. Whether you're a real estate agent, homeowner, or investor, this episode provides essential guidance on handling **distressed real estate transactions**, avoiding common pitfalls, and ensuring smoother closings.

If you're searching for answers about **how foreclosure works in Maine**, **buying a foreclosed home**, or **real estate foreclosure tips**, this episode delivers real-world advice straight from experienced title and legal professionals.

🎙️ **Topics include:** Maine foreclosure timeline, short sale vs. deed in lieu, buying foreclosure property, REO real estate, title issues in foreclosure, and best practices for real estate closings.

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### 🔑 Key Takeaways

**For Real Estate Agents (Maine Real Estate Professionals):**

* Learn the **Maine foreclosure timeline** to better manage transactions and client expectations.

* Understand the differences between **short sales**, **deeds in lieu of foreclosure**, and **REO properties** in Maine.

* Identify and resolve **title issues in foreclosure transactions** early to prevent closing delays.

* Guide buyers through the risks of **foreclosure auctions vs. bank-owned properties**.

**For Homeowners Facing Foreclosure in Maine:**

* Explore alternatives like a **short sale in Maine** or **deed in lieu of foreclosure** to avoid full foreclosure.

* Act early—timing is critical in the **foreclosure process in Maine**.

* Communicate with lenders and professionals to improve outcomes and reduce stress.

* Understand the impact of foreclosure on **credit and future homeownership**.

**For Buyers & Investors (Foreclosure & REO Properties):**

* Know the risks of **buying a foreclosure at auction**, including limited disclosures and potential title defects.

* Understand why **bank-owned (REO) properties** often provide safer opportunities with title insurance.

* Perform proper due diligence when **buying a foreclosed home in Maine**.

* Be prepared for lender requirements and timelines when purchasing **distressed real estate**.

🎧 If you’re a real estate agent, buyer, seller, or investor looking to better understand **foreclosures in Maine**, this episode is your go-to resource for navigating the process with confidence.

What does it really take to be a *dream real estate agent* in today’s fast-paced housing market? In this episode of **Behind the Title**, hosts Bobbie Grenier and Jessica Bedell Mongue—experienced professionals in the real estate closing process, title insurance, and property transactions—break down the key traits that set top-performing agents apart.

From clear communication in real estate transactions to delivering a seamless closing experience for buyers and sellers, this episode is packed with practical insights for real estate agents looking to elevate their business. Whether you're a new agent or a seasoned professional, you'll learn how to avoid common mistakes in the purchase and sale agreement, improve collaboration with your title company, lender, and clients, and create a smoother path to the closing table.

We cover essential topics like:

* Why communication is king in real estate and how it impacts every transaction

* The importance of submitting complete and accurate real estate contracts and documentation

* How missing details (like legal descriptions, addendums, and client information) can delay closings

* Setting realistic expectations for closing timelines, cash deals, and financing contingencies

* How to be a true team player in the real estate transaction process

* The role of emotional intelligence in managing buyers and sellers

* Why top agents are always learning and asking questions about title insurance, closing costs, and settlement statements

Bobbie and Jess also share real-world examples from the title side of the business, giving agents a behind-the-scenes look at what helps—or hurts—a deal from getting to the closing table efficiently.

If you’ve ever wondered how to stand out in a competitive market, build stronger relationships with your closing partners, and deliver an exceptional client experience in real estate, this episode is for you.

🎧 Tune in to learn how to become the agent that every title company, lender, and client loves working with!

If we had a dollar for every time we heard this!

In this episode of Behind the Title: The Official Podcast of Treworgy & Baldacci Real Estate Closing Services, hosts Bobbie Grenier and Jessica Mongue share the real-life questions, comments, and misconceptions they hear every single day as a title and closing company.

From buyers eager to close without fully understanding title issues, to agents and sellers navigating the complexities of ownership, we’re breaking down the most common “we hear this all the time” moments—and explaining what you really need to know.

Because here’s the truth:

👉 Just because something seems minor—like a prior ownership interest or old title issue—doesn’t mean it won’t come back to impact your transaction.

💡 In this episode, we cover:

The most common real estate questions buyers and agents ask title companies

Why clear title and title insurance are critical before closing

Risks of ignoring outstanding ownership interests and title defects

How a title company protects your investment during the real estate closing process

Why there are truly no bad questions in real estate

At Treworgy & Baldacci, we’re not just here to close transactions—we’re here to educate, protect, and explain the “why” behind every step.

So the next time you’re thinking, “That probably doesn’t matter…”—give your title team a call. Trust us, we’ve heard it before 😉

🎧 Enjoying the podcast?

Follow, rate, and share Behind the Title on your favorite platform. Your support helps us continue bringing real, relevant education to the real estate community.

⚖️ Disclaimer:

This podcast is for informational, educational, and entertainment purposes only and is not intended as legal advice. Always consult with a qualified attorney for legal guidance.

Women in Title – Empowering, Elevating & Connecting Maine’s Title Industry

In this episode of Behind the Title, Bobbie Grenier and Jessica Mongue sit down with Lexi Franchi of First American Title Insurance Company to spotlight the incredible growth of the "Women in Title – Maine Chapter" and the national movement behind it.

Women in Title is a 501(c)(3) nonprofit organization dedicated to empowering, supporting, and elevating women in the title insurance industry through advocacy, education, collaboration, and leadership development. What started as simple local meetups has grown into a nationwide community of professionals committed to strengthening the title and real estate industries together.

Lexi shares her journey from Realtor to settlement services professional to underwriting agency representative — and how that experience inspired her to help launch Maine’s chapter. The conversation explores:

* Why collaboration (“co-opetition”) is stronger than competition

* Building intentional connections across title companies and underwriters

* Supporting women at every stage of their title career

* Leadership development without sales pressure

* Mentorship, education, and confidence in complex real estate transactions

* Creating inclusive spaces in a highly regulated, relationship-driven industry

Maine’s unique geography makes connection even more meaningful — and this chapter is bringing together title agents, abstractors, underwriters, escrow officers, operations professionals, and sales representatives from across the state.

Whether you’re in title insurance, real estate closings, settlement services, underwriting, or escrow, this episode highlights why community and education are essential to elevating our profession.

🔗 Learn more about Women in Title and explore local chapters nationwide:

👉 https://womenintitle.net/

🔗 Connect with Lexi Franchi at: [email protected]

👉 https://agency.firstam.com/me

Behind the Title is the official podcast of Treworgy & Baldacci Real Estate Closing Services — bringing education, insight, and real conversations from Maine’s title and real estate professionals. This podcast is for informational, educational and entertainment purposes only and is not intended as legal advice.

Closings are supposed to be the happy ending… so why do they sometimes feel so emotional—even when everything goes right?

In this episode of "Behind the Title", co-hosts Bobbie Grenier and Jessica Bedell Mongue break down the real reason real estate closings can feel overwhelming for buyers, sellers, and even seasoned professionals. From the stress of signing mortgage documents and seeing an amortization schedule for the first time, to the emotional weight of selling a longtime family home, this conversation highlights the human side of real estate transactions.

Bobbie and Jess discuss why real estate is more than just a business deal—it’s often tied to life changes, family memories, financial pressure, and major transitions. They also share real-world insights from the closing table, including the emotions surrounding estate sales, downsizing, and unexpected circumstances like rising property taxes forcing sellers to move.

Whether you're a real estate agent, loan officer, buyer, seller, or simply curious about what really happens behind the scenes, this episode offers valuable perspective and practical tips to help clients feel supported throughout the closing process.

If you’ve ever wondered why a “smooth closing” can still come with tears, stress, or tension—this episode is for you.

🎧 Tune in to learn:

✔ Why real estate closings are emotional even when nothing goes wrong

✔ What overwhelms buyers and sellers the most

✔ How real estate professionals can reduce stress at the closing table

✔ Why empathy and communication matter during major life transitions

✔ Tips to help clients feel more prepared on closing day

Listen now and don’t forget to follow, rate, and share the show!

Tax Titles & Tax-Acquired Property in Maine: What Real Estate Agents Need to Know

Tax-acquired property is showing up more and more in Maine—and while these listings can look like opportunity, they also come with serious title, timing, and risk considerations.

In this episode of Behind the Title, Bobbie Grenier sits down with Zachary Greenfield, Underwriter and State Counsel with Stewart Title Guaranty Company, to break down what every real estate agent needs to understand before taking on a tax-acquired listing or working with a buyer considering one.

Zach explains—clearly and practically—how municipal tax liens work in Maine, why they are considered “super liens,” and how the automatic foreclosure process can result in a town taking title to property without court involvement. We also dive into why tax titles have historically been difficult (or impossible) to insure, what *marketable vs. insurable title* really means, and how recent legal changes are starting to shift the landscape.

You’ll also learn how the U.S. Supreme Court decision in "Tyler v. Hennepin County" has influenced Maine law, why surplus proceeds matter, and what must happen for a tax-acquired property to become marketable sooner than the traditional five-year waiting period.

Whether you’re an agent being approached by a municipality, advising an investor buyer, or just trying to protect yourself and your clients, this episode will help you understand:

How tax liens and automatic foreclosure work in Maine

Why buyer intent matters in tax-acquired property transactions

Where deals commonly fall apart—and how to spot red flags early

Why early involvement with a title company and underwriter is critical

This is a must-listen episode for Maine real estate professionals who want to be informed, prepared, and confident when tax titles enter the conversation.

🎧 Listen now and level up your understanding of one of the most misunderstood areas of Maine real estate.

Resources:

Beware of Title Derived Through Tax Sales: https://www.stewart.com/en/insights/beware-of-title-derived-through-tax-sales

https://www.mainelegislature.org/legis/statutes/36/title36sec946-B.html

2024 Changes to Tax-Acquired Property Sale Procedures: https://www.memun.org/News/2024-changes-to-tax-acquired-property-sale-procedures-1

Foreign sellers can introduce serious tax implications into a real estate transaction—and FIRPTA is one of the most misunderstood. In this episode of Behind the Title, Bobbie is joined by Julie Lepore, founder of Total FIRPTA, to break down what real estate agents really need to know about FIRPTA (Foreign Investment in Real Property Tax Act).

Julie shares expert insight on when FIRPTA applies, common misconceptions, withholding requirements, and why identifying a foreign seller early is critical to avoiding closing delays and post-closing issues. Together, Bobbie and Julie discuss how FIRPTA fits into the closing process, who is responsible for compliance, and how agents can better support their clients by knowing when to bring in the right professionals.

If you’ve ever questioned whether FIRPTA applies, who handles the paperwork, or how to avoid last-minute surprises, this episode will give you clarity, confidence, and practical takeaways you can use immediately.

Learn more about FIRPTA compliance at https://totalfirpta.com/

Julie Lepore email address: [email protected]

Phone line: 239-266-8516

🎧 Listen in to protect your clients and keep your closings on track.

In this special Quick Take episode of Behind the Title: The Official Podcast of Treworgy & Baldacci Real Estate Closing Services, host Bobbie Grenier sits down with Amber Cobb, a seasoned real estate closer from the Bangor office, to celebrate an incredible career milestone — 10,000 real estate closings.

Amber shares what it truly means to reach this level of experience in the title and closing industry, reflecting on the highlights, rewards, and challenges that come with being a real estate closer. From problem-solving under pressure to guiding buyers, sellers, lenders, and agents through one of the most important days of their lives, this conversation pulls back the curtain on the critical role closers play in a successful real estate transaction.

Whether you’re a real estate agent, industry professional, or someone curious about what happens behind the scenes at the closing table, this episode offers valuable insight into the dedication, attention to detail, and professionalism required to navigate complex real estate transactions — and why experience truly matters.

🎧 Listen now to hear Amber’s story, celebrate her achievement, and gain a deeper appreciation for the work that goes into every smooth closing.

(Jess will be back next episode!)

What really happens at the closing table—and how can simple etiquette make or break the experience for everyone involved?

In this episode of Behind the Title: The Official Podcast of Treworgy & Baldacci Real Estate Closing Services, we break down closing room etiquette and why professionalism, preparation, and awareness matter on closing day. From buyers and sellers to real estate agents, lenders, and attorneys, every person at the table plays a role in keeping the closing smooth, efficient, and stress-free.

Bobbie Grenier shares practical insight from decades in the title and closing industry, covering common missteps that can delay a real estate closing, create tension, or derail funding—and how to avoid them. Whether you’re a first-time homebuyer, a seasoned real estate agent, or an industry partner, this episode will help you show up prepared and confident on closing day.

In this episode, we cover:

What closing room etiquette really means

Common behaviors that slow down or complicate closings

Expectations for buyers, sellers, and real estate agents at the closing table

Why preparation, communication, and respect matter on closing day

How good etiquette leads to faster funding and happier clients

This episode is packed with real-world tips straight from the closing table and is especially relevant for Maine real estate transactions, though the guidance applies anywhere.

🎧 Listen wherever you get your podcasts: Spotify, Apple Podcasts, Amazon Music, Audible

📺 Watch the full video episode on YouTube