LD 626
pg. 1
LD 626 Title Page An Act To Require the Net Proceeds from the Sale of a Foreclosed Property To Be... Page 2 of 2
Download Bill Text
LR 2054
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 36 MRSA §949 is enacted to read:

 
§949.__Disbursement of excess funds

 
A municipality that obtains title to residential real estate
under the operation of this article shall disburse to the former
owner the excess of any funds as provided in this section.

 
1.__Definitions.__As used in this section, unless the context
otherwise indicates, the following terms have the following
meanings.

 
A.__"Excess of any funds" means the amount obtained for the
disposition of residential real estate less:

 
(1)__All tax liens imposed on the residential real
estate by the municipality, including interest;

 
(2)__Fees for recordation and discharge of the lien, as
established by Title 33, section 751, plus $13;

 
(3) The fee established in section 943 for sending a
notice if the notice is actually sent, including
certified mail, return receipt requested fees;

 
(4)__Any court costs; and

 
(5)__All expenses incurred in disposing of the
residential real estate.

 
B.__"Former owner" means a party named on the tax lien
mortgage at the time of the levy of the tax lien or that
party's successors, heirs or assigns.

 
2.__Time and form of return; notice.__Within 30 days of the
disposition of residential real estate or 180 days of
foreclosure, whichever is earlier, a municipality shall mail by
certified mail, return receipt requested, to the former owner's
last known address, notice of the excess of any funds.__The
notice must include an itemized statement showing the amount for
which the real estate was sold and all deductions made from that
amount.__The notice also must include directions for the
redemption of the excess of any funds, including the hours of the
operation of the clerk of the municipality.

 
3.__Escrow; failure to redeem.__A municipality shall hold the
excess of any funds in escrow for 36 months for the benefit of
the former owner.__The municipality shall pay immediately the


LD 626 Title Page Top of Page Page 2 of 2