LD 1932
pg. 5
Page 4 of 7 An Act To Implement Model Time-share Foreclosure Procedures Page 6 of 7
Download Bill Text
LR 2960
Item 1

 
clear of any outstanding assessments owed by the
prior time-share owner to the managing entity,
except that if the buyer intends to use the time-
share estate during the same calendar year in which
the estate is purchased, the buyer shall pay the
assessment for that year.__A purchaser at a sale is
not required to complete the purchase if there are
liens and encumbrances, other than those included in
the notice of sale, that are not stated at the sale
and included in the foreclosing person's contract
with the purchaser.

 
(e)__Upon closing, the foreclosing person shall
provide the buyer with a foreclosure deed or other
appropriate instrument transferring the rights to
the time-share estate and an affidavit attesting
that all requirements of the foreclosure pursuant
to this section have been met.__The time-share
estate is deemed to have been sold, and the
instrument conveying the time-share estate must
transfer the time-share estate, subject to
municipal or other public taxes and to any liens
and encumbrances recorded prior to the recording
of the mortgage or the lien for assessments.

 
(f)__The buyer shall record the foreclosure deed
or other instrument with the appropriate registry
of deeds no more than 30 days after the
foreclosure sale date.

 
(g)__Within 30 days after the closing and transfer
of the foreclosure deed or other instrument and
affidavit, the foreclosing person shall mail a
notice detailing the results of the foreclosure
sale to the last known address of the former time-
share owner and all parties that held a junior
interest to that of the foreclosing person.

 
2.__Foreclosure of lien or security interest on time-share
license.__In the case of a time-share license, the following must
be conducted by public or private sale in accordance with the
provisions of Title 11, section 9-1610:

 
A.__The foreclosure of a lien on a time-share estate
pursuant to section 594 for failure to pay assessments when
due; or

 
B.__The exercise of the rights of a holder of a security
interest in a time-share license for breach of the terms of
the instrument granting the security interest.


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