LD 1319
pg. 302
Page 301 of 423 An Act Making Unified Appropriations and Allocations for the Expenditures of St... Page 303 of 423
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LR 2000
Item 1

 
by first class mail with proof of mailing to the last known
address of the tenant concerning the landlord's intent to
dispose of the abandoned unclaimed property. The notice must
include an itemized list of the items and containers of items of
property abandoned unclaimed. If the tenant claims the property
within 14 days after the notice is sent, the landlord shall
continue to store the property for at least 10 days after the
tenant's response to allow the tenant time to take possession of
the property. The landlord may condition the release of the
property to the tenant upon the tenant's payment of all rental
arrearages, damages and costs of storage. If the property
remains unclaimed after the 14th day after notice has been sent
or after the 10th day after the tenant claims the property, the
landlord may sell the property for a reasonable fair market
price and apply all proceeds to rental arrearages, damages and
costs of storage and sale. All remaining balances must then be
forwarded to the Treasurer of State.

 
Sec. T-10. 14 MRSA §6324, as affected by PL 1997, c. 508, Pt. A,
§3 and amended by Pt. B, §4, is further amended to read:

 
§6324. Proceeds of sale

 
After first deducting the expenses incurred in making the
sale, the mortgagee shall disburse the remaining proceeds in
accordance with the provisions of the judgment. The mortgagee
shall file a report of the sale and the disbursement of the
proceeds therefrom with the court and shall mail a copy to the
mortgagor at the mortgagor's last known address. This report
need not be accepted or approved by the court, provided that
the mortgagor or any other party in interest may contest the
accounting by motion filed within 30 days of receipt of the
report, but any such challenge may be for money only and does
not affect the title to the real estate purchased by the
highest bidder at the public sale. Any deficiency must be
assessed against the mortgagor and an execution must be issued
by the court therefor. In the event the mortgagee has been
the purchaser at the public sale, any deficiency is limited to
the difference between the fair market value of the premises
at the time of the public sale, as established by an
independent appraisal, and the sum due the mortgagee as
established by the court with interest plus the expenses
incurred in making the sale. Any surplus must be paid to the
mortgagor, the mortgagor's successors, heirs or assigns in the
proceeding. If the mortgagor has not appeared personally or
by an attorney, the surplus must be paid to the clerk of
courts, who shall hold the surplus in escrow for 6 months for
the benefit of the
mortgagor, the mortgagor's successors, heirs or assigns and,
if the surplus remains unclaimed after 6 months, the clerk
shall pay the surplus to the Treasurer of State to be credited
to the General Fund


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