H.P. 1085 - L.D. 1532
An Act Concerning Liens Held by the Freeport Sewer District
Be it enacted by the People of the State of Maine as follows:
Sec. 1. P&SL 1947, c. 60, §19-A, as enacted by P&SL 1949, c. 50, §6, is amended to read:
Sec. 19-A. Liens for payment of rates. There
shall be is a lien to secure the payment of rates established under section 19 of this act and legally assessed on real estate within the district , which shall take that takes precedence of all other claims on such real estate, excepting only claims for taxes. Real estate, for the purpose of this act shall bear the same definition as given in section 3 of chapter 81 of the revised statutes.
The treasurer of the district
shall have has the authority and power to collect the rates, and all rates shall must be committed to him the treasurer.
In addition to other methods previously established by law for the collection of the rates, the lien
herein created may be enforced in the following manner , provided, however, that as long as in making the assessment there shall be is a description of the real estate served by the several sewers of the district , sufficiently accurate to identify the real estate against which any of the several rates may be charged; the treasurer, when a rate has been committed to him the treasurer for collection, may, after the expiration of 8 months and within 1 year after commitment to him the treasurer of the rate, in the case of a person resident in the town where the rate is assessed give to the person against whom the rate is assessed, or leave at his the person's last and usual place of abode, or send by certified mail, return receipt requested, to the person's last known address, a notice in writing signed by the officer stating the amount of such rate, describing the real estate on which the rate is assessed, alleging that a lien is claimed on the real estate to secure the payment of the rate and demanding the payment of the rate within 10 days after the service of such notice. After the expiration of the 10 days and within 10 days thereafter, in the case of a resident, and in all other cases within a year from the date of commitment of the rate to said officer, the officer shall record in the registry of deeds of Cumberland county County a certificate signed by the officer setting forth the amount of such rate, a description of the real estate on which the rate is assessed, and an allegation that a lien is claimed on the real estate to secure the payment of the rate, that a demand for payment of the rate has been made in accordance with the provisions of this act and that the rate remains unpaid. In all cases, except in the case of a resident, the certificate so filed need not contain the allegation that payment of the rate has been demanded. At the time of the recording of the certificate in the registry of deeds as herein provided in this section, in all cases such the officer shall file in the office of the district a true copy of the certificate and also at the time of recording as aforesaid, the officer shall mail by registered letter certified mail, return receipt requested, to each record holder of a mortgage on said real estate, addressed to him the holder of a mortgage at his that mortgage holder's last and usual place of abode, a true copy of the certificate. The fee to be charged to the rate-payer for such notice and filing shall not exceed $1 must include the costs of mailing copies of the certificate to the record holders of a mortgage on the real estate and the then current fee to be charged by the register of deeds for such filing shall not exceed 50¢.
The filing of the
aforesaid certificate , in the registry of deeds as aforesaid shall be is deemed to create and shall create a mortgage on the real estate to the district having priority over all other mortgages, liens, attachments and incumbrances of any nature, except liens, attachments and claims for municipal property taxes, and shall give gives the district all the rights usually incident to a mortgage, except that the mortgagee shall does not have any right of possession of the real estate until the right of redemption herein provided for shall have in this section has expired.
If the mortgage, together with interest and costs,
shall has not have been paid within 18 months after the date of filing of the certificate in the registry of deeds as herein provided in this section, the mortgage shall be is deemed to have been foreclosed and the right of redemption to have expired.
The treasurer shall notify the party named on the certificate and each record holder of a mortgage on the real estate no more than 45 days nor less than 30 days before the date of foreclosure of the mortgage created pursuant to this section. The notification must be in writing left at the owner's and all mortgagees' last and usual places of abode or sent by certified mail, return receipt requested, to the owners and mortgagees at their last known addresses. The notice must indicate the exact date of foreclosure and include the warnings and other information in the following form:
STATE OF MAINE
FREEPORT SEWER DISTRICT NOTICE OF IMPENDING AUTOMATIC FORECLOSURE OF SEWER LIEN
P. & S. L. 1999, c.
IMPORTANT: DO NOT DISREGARD THIS NOTICE
YOU WILL LOSE YOUR PROPERTY UNLESS YOU TIMELY PAY THE SEWER CHARGES, COSTS AND INTERESTS THAT HAVE BEEN LIENED BY THE FREEPORT SEWER DISTRICT
You are the party named on the Sewer Lien Certificate filed on , 19 , and recorded in the Cumberland County Registry of Deeds in Book , Page . The filing created a sewer lien mortgage on the real estate described in the Sewer Lien Certificate. On , 19 , the sewer lien mortgage will be foreclosed and your rights to redeem the mortgage and recover your property by paying the sewer charges, costs and interest that are owed will expire.
IF THE SEWER LIEN FORECLOSES, THE FREEPORT SEWER DISTRICT WILL OWN YOUR PROPERTY, SUBJECT ONLY TO MUNICIPAL TAX LIENS
If you cannot pay the outstanding sewer charges, costs and interest that are the subject of this notice, please contact me to discuss this notice.
The filing of the certificate in the registry of deeds
shall be is sufficient notice of the existence of the mortgage herein provided for in this section. In the event that If the rate, interest and costs shall be are paid within the period of redemption herein provided for in this section, the treasurer of the district shall discharge the mortgage in the same manner as is now provided for discharge of real estate mortgages.
Effective September 18, 1999, unless otherwise indicated.
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