LD 1311
pg. 3
Page 2 of 4 An Act To Clarify the Filing of Municipal Personal Property Tax Liens Page 4 of 4
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LR 1659
Item 1

 
effective for a period of 5 years from the date of filing,
unless discharged as provided in this section or unless a
continuation statement is filed prior to the lapse. A
continuation statement signed by the tax collector may be filed
on behalf of the municipality within 6 months prior to the
expiration of the 5-year period provided in this section in the
same manner and to the same effect as provided in Title 11,
section 9-1515.

 
Sec. 4. 36 MRSA §612, sub-§6, as amended by PL 1999, c. 699, Pt. D,
§28 and affected by §30, is repealed and the following enacted
in its place:

 
6.__Rights and remedies of municipality and taxpayer. A
municipality that has filed a notice of tax lien has the
rights and remedies of a secured party, the taxpayer and the
owner of the property against whom the lien has been filed
have the rights and remedies of a debtor, all parties to whom
the municipality is required to provide a copy of the lien
notice pursuant to subsection 4 have the rights and remedies
of a junior secured party and all lien creditors have the
rights of lien creditors, as provided for in Title 11, Article
9-A, Part 6, except that:

 
A.__The municipality does not have the rights provided to
a secured party in Title 11, sections 9-1620, 9-1621 and
9-1622;

 
B.__The municipality has no obligations to lien creditors
or to secured parties referenced in Title 11, sections 9-
1605, 9-1615 and 9-1628 except to the extent that it has
received notice from such secured parties as set forth in
subsection 4 or they have effective financing statements
on file as provided in subsection 4;

 
C.__The municipality has no obligations under Title 11,
section 9-1616; and

 
D.__The municipality is not subject to Title 11, section
9-1625, subsection (3), paragraph (b) and section 9-1625,
subsections (5) to (7).

 
Sec. 5. 36 MRSA §612, sub-§7, śC, as amended by PL 1999, c. 699, Pt.
D, §28 and affected by §30, is further amended to read:

 
C. A final judgment is rendered in favor of the taxpayer or
others claiming an interest in the liened personal property
which determines either that the tax is not owed or that the
lien is not valid. If the judgment determines that the tax is
partially owed, then the officer who filed the notice of lien
or that officer's successor shall, within 10 days of the
rendition of the final judgment, file an amended tax


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