LD 718
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LD 718 Title Page An Act To Increase the Amount of Equity in a Principal Residence That Is Exempt... Page 2 of 2
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LR 781
Item 1

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

 
Sec. 1. 14 MRSA §4422, sub-§1, as amended by PL 2003, c. 47, §§1 and
2, is further amended to read:

 
1. Principal residence. The exemption of a debtor's
principal residence is subject to this subsection. For purposes
of this subsection, "principal residence" means that place where
the person has established a fixed and principal home to which
the person, whenever temporarily absent, intends to return.

 
A. Except as provided in paragraph B, the debtor's
aggregate interest, not to exceed $35,000 $100,000 in value,
in real or personal property that the debtor or a dependent
of the debtor uses as a residence, or in a cooperative that
owns property that the debtor or a dependent of the debtor
uses as a residence, or in a burial plot for the debtor or a
dependent of the debtor, provided that if minor dependents
of the debtor have their principal place of residence with
the debtor, the debtor's aggregate interest may not exceed
$70,000 and provided further except that if the debtor's
interest is held jointly with any other person or persons,
the exemption may not exceed in value the lesser of $35,000
$100,000 or the product of the debtor's fractional share
times $70,000 $100,000.

 
B. The debtor's aggregate interest, not to exceed $70,000
$200,000 in value, in property described in paragraph A, if
the debtor or a dependent of the debtor is either a person
60 years of age or older or a person physically or mentally
disabled and because of such disability is unable to engage
in substantial gainful employment and whose disability has
lasted or can be expected to last for at least 12 months or
can be expected to result in death; provided that if the
debtor's interest is held jointly with any other person or
persons, the exemption may not exceed in value the lesser of
$70,000 $200,000 or the product of the fractional share of
the debtor's interest times $140,000 $200,000. This
paragraph does not apply to liens obtained prior to its
effective date or to judgments based on torts involving
other than ordinary negligence on the part of the debtor.

 
C. That portion of the proceeds from any sale of property
which that is exempt under this section shall be exempt for
a period of 6 months from the date of receipt of such
proceeds for purposes of reinvesting in a residence within
that period.

 
Sec. 2. 14 MRSA §4422, sub-§17 is enacted to read:


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