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time-share estate or time-share license must include a statement | | that the federal Servicemembers' Civil Relief Act of 2003 applies | | to enforcement of liens when the owner of the time-share estate or | | time-share license is or was recently in military service. |
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| | | Sec. 2. 33 MRSA §595 is enacted to read: |
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| | | §595.__Foreclosure or commercial sale of timeshare |
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| | | 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, chapter 713 do not | | apply to any such foreclosure. |
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| | | 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. |
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| | | A.__Upon default, and after all applicable cure periods have | | expired, the person 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 by first class mail 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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| | | B.__If, after expiration of the 30-day period under | | paragraph A, the time-share owner has not cured the default | | in the manner prescribed, the person seeking to foreclose | | shall conduct a public auction under the conditions | | described in this paragraph. |
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| | | (1)__Notice under this paragraph must be given as | | follows. |
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| | | (a)__Notice of the sale must be published once in | | each of 3 successive weeks in a newspaper with a | | general circulation in the town in which the time- | | share property is situated.__The first publication | | must be not later than 30 days before the date of | | the sale, calculated by excluding the date of | | publication of the first notice and the date of | | sale. |
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