LD 1311
pg. 4
Page 3 of 4 An Act To Clarify the Filing of Municipal Personal Property Tax Liens LD 1311 Title Page
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LR 1659
Item 1

 
amendment to the notice of lien for reducing the amount
claimed to the actual amount of tax found to be due, which
amended lien is effective as to the revised amount of the
lien as of the date of the filing of the original notice of
tax lien, and the officer, or that officer's successor at
the time of the filing of the amended tax lien, shall also
file a discharge of the original tax lien.

 
Sec. 6. 36 MRSA §612, sub-§9, as amended by PL 1999, c. 699, Pt. D,
§28 and affected by §30, is repealed and the following enacted
in its place:

 
9.__Liens subordinate to security interests. The lien
authorized by subsection 1 is subordinated to security
interests that were perfected before September 23, 1983 and
that have remained perfected thereafter, except to the extent
that such perfected security interests would be subordinate to
the rights of the municipality if the municipality were
considered, whether or not such is actually the case, to be a
lien creditor under Title 11, section 9-1323 by virtue of its
rights pursuant to the lien authorized by subsection 1.

 
Sec. 7. Retroactivity. This Act applies retroactively to liens
authorized in the Maine Revised Statutes, Title 36, section
612 that are perfected by a filing made on or after July 1,
2001, or for which a continuation statement is filed on or
after July 1, 2001. All tax lien notices filed on or after
July 1, 2001 with the office identified in Title 11, section
9-1501, subsection (1), paragraph (b) may not, by reason of
filing in that office, be deemed invalid or otherwise
ineffectual.

 
SUMMARY

 
This bill amends the provisions of law that govern the
creation, perfection and effect of tax liens on personal
property.


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