LD 1932
pg. 1
LD 1932 Title Page An Act To Implement Model Time-share Foreclosure Procedures Page 2 of 7
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LR 2960
Item 1

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

 
Sec. 1. 33 MRSA §594, sub-§1, as enacted by PL 1983, c. 407, §1, is
repealed and the following enacted in its place:

 
1.__Lien created.__A managing entity has a lien on a time
share for any assessment for expenses of the time-share property
or fines levied against that time share in accordance with the
project instrument from the time the assessment or fine becomes
due.__A lien against a time-share estate may be foreclosed as
provided in section 595, subsection 1, and a lien against a time-
share license may be foreclosed as provided in section 595,
subsection 2.__Unless the project instrument otherwise provides,
fees, charges, late charges, fines and interest charged in
accordance with the project instrument are enforceable as
assessments under this section.__If an assessment is payable in
installments, the full amount of the assessment is a lien from
the time the first installment thereof becomes due.__The managing
entity shall record notice of a lien on a time-share estate in
the registry of deeds in the county in which the time-share
estate is located.__A notice of a lien on a time-share license
must be recorded in the public records for the filing of security
interests governed by the Uniform Commercial Code.__If there is
more than one lien, they may be listed in one filing.

 
Sec. 2. 33 MRSA §595 is enacted to read:

 
§595.__Foreclosure or commercial sale of timeshare

 
1.__Nonjudicial foreclosure of time-share estate.__A time-
share owner may grant to a financial institution or other person
a mortgage with a power of sale on that owner's time-share estate
that is governed by the terms of this section.__The foreclosure
of a mortgage with a power of sale or a lien from an assessment
created pursuant to section 594 must be conducted pursuant to
this section.__The provisions of Title 14, sections 6201 to 6209
do not apply to any such foreclosure.

 
In the event of a breach of the conditions of the power of sale
mortgage or the failure of the time-share owner to pay the
assessments as and when due and owing the following procedure
must be followed.

 
A.__Upon default, and after all applicable cure periods have
expired, the party seeking to foreclose shall provide
written notice of the default to the time-share owner at the
owner's last known address by certified mail, return receipt
requested and provide a reasonable opportunity to cure of
not less than 30 days from the date of the mailing of the
notice letter.


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