LD 1932
pg. 2
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LR 2960
Item 1

 
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.

 
Sec. 2. 33 MRSA §595 is enacted to read:

 
§595.__Foreclosure or commercial sale of timeshare

 
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.

 
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.

 
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.

 
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.

 
(1)__Notice under this paragraph must be given as
follows.

 
(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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