LD 982, Page 18 - 122th Legislature, FIRST REGULAR Session

payable, give to the owner of the real estate served, or leave at

the owner's last and usual place of abode, or send by certified

mail, return receipt requested, to the owner's last known address,

a notice in writing signed by the treasurer or bearing the

treasurer's facsimile signature stating the amount of that rate,

toll, rent, impact fee or entrance charge or other charge. The

notice must describe the real estate upon which the lien is claimed

and state that a lien is claimed on the real estate to secure the

payment of the rate, toll, rent, impact fee, entrance charge or

other charge. The notice must demand the payment of the rate,

toll, rent, impact fee, entrance charge or other charge within 30

days after service or mailing, with $1 for the treasurer for

mailing the notice together with the certified mail, return receipt

requested, fee. The notice must contain a statement that the

district is willing to arrange installment payments of the

outstanding debt. For the purpose of this section, a mobile home

is considered real estate. After the expiration of a period of 30

days and within one year thereafter, the treasurer shall record in

the registry of deeds in the county in which the property of the

person is located a certificate signed by the treasurer setting

forth the amount of the rate, toll, rent, impact fee, entrance

charge or other charge describing the real estate on which the lien

is claimed. The certificate must state that a lien is claimed on

the real estate to secure payment of the rate, toll, rent, impact

fee, entrance charge or other charge; that a notice and demand for

payment of the same has been given or made in accordance with this

section; and that the rate, toll, rent, impact fee, entrance charge

or other charge remains unpaid. At the time of the recording of

the certificate in the registry of deeds as provided, the treasurer

shall file in the office of the district a true copy of the

certificate and shall mail a true copy of the certificate by

certified mail, return receipt requested, to each record holder of

any mortgage on the real estate at the record holder's last and

usual place of abode.

The filing of the certificate in the registry of deeds is
deemed to create, and creates, a mortgage on the real estate
described in the certificate to the district that has priority
over all other mortgages, liens, attachments and encumbrances of
any nature, except liens, attachments and claims for taxes. The
mortgage gives the district all the rights usually possessed by
mortgagees, except that the district as mortgagee does not have
any right to possession of the real estate until the right of
redemption provided for has expired. If the mortgage, together
with interest and costs, is not paid within 18 months after the
date of filing of the certificate in the registry of deeds as
provided, the mortgage is deemed to have been foreclosed and the
right of redemption to have expired. The filing of the

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