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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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