Law Court invites amicus briefs regarding whether the title "Warranty Deed" by itself conveys real property with warranty covenants

Date: 10/12/2022

The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae in the proceedings on a certified question from the United States District Court for the Western District of Washington in Steven Kneizys v. Federal Deposit Insurance Corporation et al., Law Court docket number Fed-22-73. The question certified raises an issue of first impression under Maine Law. Before answering the certified question, the Law Court seeks input from interested persons and entities and members of the Bar on the following question:

Whether the title "Warranty Deed" on a deed is sufficient by itself to convey real property with any warranty covenants when the body of the deed does not include any warranty covenant language, either in full form or in abbreviated form as permitted by the Short Form Deeds Act, 33 M.R.S. §§ 761-775 (2022).

The parties' briefs and the appendix are available at the links below.

An amicus brief may be filed by or on behalf of any individual, entity, or group of individuals and/or entities without separate leave of the Court. Any amicus brief must be filed on or before November 16, 2022. An amicus brief must be filed at the address listed below and must comply with M.R. App. P. 7A. In addition to filing and serving the required number of copies, any amicus must send a copy of the brief electronically, as a single "native" or text-based .pdf file, to the Clerk of the Law Court at lawcourt.clerk@courts.maine.gov.

Dated: October 12, 2022

Matthew Pollack
Clerk of the Law Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
lawcourt.clerk@courts.maine.gov

 

Supporting documents

pdf version of this notice

Appellant brief

Appellee brief

Appellant reply brief

Appendix