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PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 62
H.P. 366 - L.D. 491

An Act To Cure an Inconsistency Regarding Judgment Liens

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

     Sec. 1. 14 MRSA §4651-A, sub-§1, as enacted by PL 1987, c. 184, §23, is amended to read:

     1. Lien on real estate. The filing of an execution duly issued by any a court of this State or an attested copy thereof with a registry of deeds within one year 3 years after issuance of the execution shall create creates a lien in favor of each judgment creditor upon the right, title and interest of each judgment debtor in all real estate against which a mortgage would be duly perfected if filed in the registry and which that is not exempt from attachment and execution.

     Sec. 2. 14 MRSA §4651-A, sub-§2, as amended by PL 1999, c. 699, Pt. D, §15 and affected by §30, is further amended to read:

     2. Lien on personal property. The filing of an execution duly issued by any a court of this State or an attested copy thereof in the office of the Secretary of State within one year 3 years after issuance of the execution creates a lien in favor of each judgment creditor upon the right, title and interest of each judgment debtor in personal property which that is not exempt from attachment and execution and which that is of a type against which a security interest could be perfected by the filing of a financing statement with the office of the Secretary of State.

     Sec. 3. 14 MRSA §4651-A, sub-§3, as amended by PL 1995, c. 65, Pt. A, §41 and affected by §153 and Pt. C, §15, is further amended to read:

     3. Lien on motor vehicles. The filing of an execution duly issued by any a court of this State or an attested copy thereof where a proof of transfer would be delivered pursuant to Title 29-A, section 665, subsection 1, and delivery of an application pursuant to Title 29-A, section 657, within one year 3 years after issuance of the execution creates a lien in favor of each judgment creditor upon the right, title and interest of each judgment debtor in any motor vehicle for which a title certificate must be obtained pursuant to Title 29-A, chapter 7.

     Sec. 4. 14 MRSA §4651-A, sub-§10 is enacted to read:

     10. Validation of liens. Subject to subsections 5, 8 and 9, a lien filed pursuant to subsection 1, 2 or 3 is valid and enforceable if the execution was issued on or after September 29, 1995 and the lien was filed within 3 years of the issuance of the execution.

Effective September 17, 2005.

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