LD 320
pg. 2
Page 1 of 3 An Act To Limit Property Acquired by Municipalities due to Tax Delinquency ... Page 3 of 3
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LR 927
Item 1

 
1.__Notice.__A municipality that acquires residential or
commercial property by foreclosure under this article shall
notify the former owner of the right to repurchase the property
by establishing with the municipality a plan for repayment based
upon the former owner's ability to pay the taxes, interest and
associated costs incurred by the municipality.

 
2.__Right of residence.__If the former owner or the surviving
spouse continues to reside on residential property acquired by
foreclosure under this article and is making a good faith effort
to repurchase the property through a payment plan arranged with
the municipality, the municipality may not sell the property to a
3rd party.__A payment plan may be assumed by a surviving spouse
and may be adjusted according to the surviving spouse's ability
to pay.__The payment plan may set off against the delinquent
taxes amounts owed by the municipality to the former owner.__If
the former owner or surviving spouse ceases residing on the
residential property, the municipality may sell or otherwise
dispose of the property.

 
3.__Right of occupation of commercial property.__If the
commercial property acquired by the municipality by foreclosure
under this article is occupied and the person occupying that
property is making a good faith effort to repurchase the property
through a payment plan arranged with the municipality pursuant to
section 943-A, the municipality may not sell the commercial
property to a 3rd party.

 
4.__Right to repurchase.__At any time before sale to a 3rd
party of a property acquired under this article by a
municipality, the former owner or the former owner's surviving
spouse or heirs may repurchase the property by payment of all
delinquent taxes, interest and associated costs incurred by the
municipality.

 
5.__Recovery of excess gains on sale.__If a municipality sells
property acquired under this article to a 3rd party, the
municipality shall pay to the former owner, the former owner's
surviving spouse or the former owner's heirs all funds received
from the sale after deducting all taxes owed; interest; costs,
including costs of sale; and any other charges related to the
property.__If the former owner dies and one year after the death
of the former owner no surviving spouse or heirs have been
identified, the municipality may keep all funds received from the
sale of the property.


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