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FM 056 Certificate Regarding Real Estate

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CERTIFICATE REGARDING
REAL ESTATE

M.R. Civ. P. 108(e)

STATE OF MAINE

County/Location:

Docket No.:

Plaintiff

V.

Defendant

The undersigned party in this divorce action hereby certifies as follows (attach additional pages if necessary):

Street Address (do not use mailing address if different)

The Deed is recorded in the Book Page County Registry of Deeds in

Street Address (do not use mailing address if different)

The Deed is recorded in the Book Page County Registry of Deeds in

Street Address (do not use mailing address if different)

The Deed is recorded in the Book Page County Registry of Deeds in

Date:

Print Name

IMPORTANT WARNING: Each party in this divorce action must notify the Clerk of any changes to the party's address and phone number. If a party does not notify the Clerk of theses changes, then it may not be possible for that party to get notice of any Court hearings.

FM-056 Rev. 04/14

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What the FM 056 Certificate Regarding Real Estate Is

The FM 056 Certificate Regarding Real Estate is a formal, record-level certificate used to document facts about a real property transaction, title condition, or ownership status for recording or closing purposes. It typically accompanies conveyance documents, deeds, or closing packages and states representations such as legal description, parcel identification, lien status, and authority to convey. The certificate is not a substitute for a deed but provides certifying statements relied on by title companies, county recorders, lenders, and closing agents to validate information before recording or settlement.

Why the FM 056 Certificate Matters in Real Estate Transactions

The FM 056 Certificate clarifies title facts, reduces recording errors, and documents party representations that support lender and title insurer workflows. Proper completion helps prevent recording rejections, closing delays, and downstream disputes over authority or encumbrances.

Why the FM 056 Certificate Matters in Real Estate Transactions

Who Typically Prepares and Relies on an FM 056 Certificate

The FM 056 Certificate is prepared and used by closing agents, title companies, lenders, and attorneys involved in property transfers.

  • Title companies and examiners verify recorded instruments and rely on certified statements when issuing title commitments.
  • Closing agents and escrow officers complete certificates to confirm funds flow, deed accuracy, and party authority.
  • Lenders and underwriters require certificates to confirm collateral descriptions, lien releases, and encumbrance status.

Parties who receive the certificate use it as part of the closing file and for recordation; accuracy supports clear title and successful funding.

Step-by-Step: Completing an FM 056 Certificate

Follow these sequential steps to prepare, verify, and deliver the FM 056 Certificate for recording or closing.

  • 01
    Gather documents: Collect deed, title commitment, and survey needed to support statements.
  • 02
    Populate fields: Enter legal description, parties, parcel ID, and dates carefully.
  • 03
    Verify facts: Cross-check names, legal descriptions, and encumbrance status with title exam.
  • 04
    Sign and notarize: Obtain authorized signature and any required notary or witness acknowledgements.

Configuring an Online FM 056 Workflow

Set up a consistent digital workflow to reduce errors and ensure each signer completes required fields in order.

Field Configuration
Assigned Signers Define signer roles and signing order to match closing sequence
Required Fields Mark legal description, signature, and date as required inputs
Notary Placement Reserve a fixed notary block with checkbox for electronic notary if used
Audit Trail Enable IP, timestamp, and authentication logging for each signer

Where to Send and File the Completed FM 056

After completion and notarization, route copies to the recorder, title company, lender, and closing parties according to local practice.

  • County Recorder: Submit original or certified copy for official recordation.
  • Title Company: Provide final executed certificate for closing and underwriting file.
  • Lender: Send a signed copy to the mortgagee for collateral records.
  • Borrower/Grantor: Deliver an executed copy for their closing documents.

Digital Signing and Platform Requirements

Choose a platform that supports required authentication, notarization workflows, and secure storage for real estate closings.

  • Signature Authentication: Email, SMS, or KBA options
  • Remote Notarization: Supports RON where state law permits
  • Document Formats: PDF, DOCX import/export supported

Ensure the selected platform provides audit trails, encryption in transit and at rest, and any required BAAs or compliance features for your jurisdiction and industry.

Security and Compliance Considerations

Encryption: TLS 1.2/1.3 in transit
Data at Rest: AES-256 encryption
Audit Trail: Detailed signing logs recorded
Certifications: SOC 2 Type II available
HIPAA Support: BAA required for PHI workflows
21 CFR Part 11: Compliance options available

Penalties and Risks from Incorrect or Incomplete FM 056

Recording Rejection: Delays in title transfer and additional fees
Title Exceptions: Unresolved liens or misstatements can affect insurer commitments
Tax Withholding: Incorrect TINs may trigger 24% backup withholding
Regulatory Penalty: Incorrect filings may implicate IRC §6721 penalties
Notary Defect: Missing notarization or witness can void document for recording
Fraud Risk: False statements risk civil and criminal exposure

Common Preparation Errors to Avoid

  • Copying abbreviated legal descriptions or using parcel nicknames that differ from the recorded deed can block automated indexing and cause recording rejection.
  • Entering party names that do not match prior recorded instruments or IDs often interrupts chain-of-title continuity and requires corrective affidavits.
  • Failing to secure required witness signatures or state-specific notary acknowledgements will frequently delay recording and settlement.
  • Omitting or mis-entering the parcel/tax ID commonly causes misfiling and may require clerk re-submission with attendant costs and delays.

Practical Tips for Accurate FM 056 Completion

Adopt consistent internal checks and a final verification pass to reduce rejections and speed closings.

Use verified source documents
Always copy the legal description and party names from the recorded deed or title commitment rather than relying on loan documents or prior drafts to avoid transcription errors.
Confirm signer authority
Verify that the signer has corporate authority or recorded power of attorney; include supporting corporate resolutions or POA documentation in the closing file.
Standardize formatting
Adopt consistent formats for dates (MM/DD/YYYY), addresses, and parcel IDs across all closing documents to prevent inconsistencies during automated county indexing.
Preserve audit evidence
Retain signed PDFs, audit trails, notarization records, and, if used, RON session recordings to support legal defensibility and title underwriting needs.

Essential Elements of a Professional FM 056 Certificate

A complete FM 056 Certificate contains standardized elements that support recording, title examination, and lender underwriting; include each element consistently.

Header

Document title, certificate number, and reference to the related deed or instrument for easy cross-referencing within the closing package.

Legal Description

Full, unabridged legal property description matching county records and title commitment to prevent indexing or identification mismatches.

Party Identification

Full legal names, entity types, and any organizational identifiers to confirm grantor/grantee identity and authority to convey.

Representations

Statements about liens, encumbrances, authority, and other title facts relied upon by the recorder, lender, and title insurer.

Signatures

Signed and dated signature blocks for authorized signers, with printed names and titles where applicable to show authority.

Notary Block

Notary acknowledgement or jurat consistent with county requirements and state law; include witness lines if required by state.

eSignature Vendor Comparison for Completing and Delivering FM 056

A neutral comparison of typical plan starting prices and core capabilities that matter when eSigning and routing real estate certificates.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day free trial Yes Yes Yes Yes
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About FM 056 Certificates

Answers to common questions about completion, notarization, electronic signatures, and recording practices for the FM 056 Certificate.


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