FIRST UNION NAT. BANK v. CURTIS


882 A.2d 796 (2005)

2005 ME 108

FIRST UNION NATIONAL BANK v. Richard R. CURTIS III et al.

Supreme Judicial Court of Maine.

Decided: September 21, 2005.


Attorney(s) appearing for the Case

Andrew W. Sparks, Benjamin P. Camp Jr., Drummond & Drummond, L.L.P., Portland, Philip R. Foster, Ellsworth, for plaintiff.

Edmond J. Bearor, Timothy A. Pease, Rudman & Winchell, Bangor, for defendants.

Panel: SAUFLEY, C.J., and CLIFFORD, DANA, ALEXANDER, CALKINS, and LEVY, JJ.


DANA, J.

[¶ 1] First Union National Bank appeals from a judgment entered in the Superior Court (Penobscot County, Hjelm, J.). It contends that the court erred when it held that the Improvident Transfers of Title Act, 33 M.R.S.A. §§ 1021-1025 (1999 & Supp 2004), impaired its mortgage in real estate. Because we agree, we vacate the judgment.

I. BACKGROUND

[¶ 2] In June 1998, Melissa Curtis was conveyed real property at...

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