First Union National Bank v. Curtis

[¶ 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 83 Fruit Street *797in Bangor subject to a life estate in her grandmother, Eleanor Reilly, who had lived there since 1978.1 Melissa and her husband, Richard, sought to mortgage the Fruit Street…