HP0580, LD 846, item 2, ‘An Act To Expedite Final Hearings in Certain Foreclosure Cases’

Amend the bill by striking out the title and substituting the following:

‘An Act To Expedite Final Hearings in Certain Foreclosure Cases’

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

‘Sec. 1. 14 MRSA §6321-B is enacted to read:

§ 6321-B. Expedited final hearing in certain foreclosure cases

1. Request. The court shall schedule an expedited final hearing pursuant to section 6322 if a plaintiff in an action brought pursuant to section 6321 files with the clerk a request for an expedited final hearing on a form prescribed by the Supreme Judicial Court indicating:

A. That mediation conducted pursuant to section 6321-A did not result in the settlement or dismissal of the action and that all of the defendants and all of the parties in interest who have appeared in the action have consented to an expedited final hearing pursuant to section 6322; or

B. That the defendant has not filed an answer to the complaint as provided by the Maine Rules of Civil Procedure and section 6321-A and that all of the parties who have filed an answer in the action have consented to an expedited final hearing.

2. Consent. The request filed under subsection 1 must be accompanied by a consent form, as prescribed by the Supreme Judicial Court, that informs defendants that they may consult with an attorney or a housing counselor before consenting to an expedited hearing.

A. For a request filed under subsection 1, paragraph A, the consent form must be signed by all of the defendants and all of the parties in interest who have appeared in the action.

B. For a request filed under subsection 1, paragraph B, the consent form must be signed by all of the parties who have appeared in the action and all of the parties who have filed an answer in the action.

3. Scheduling. The court, upon receiving a request for an expedited final hearing filed in accordance with subsection 1, shall, as the interests of justice permit, set the expedited final hearing not less than 45 days after the request is filed.

4. Final hearing. An expedited final hearing held pursuant to this section must be conducted in accordance with section 6322 and this subsection.

A. Notwithstanding that a default may have been entered against the defendant by the clerk pursuant to the Maine Rules of Civil Procedure, Rule 55, the defendant may appear and defend at the expedited final hearing held pursuant to this section.

B. The burden of proof and legal requirements for entry of a judgment of foreclosure are the same as in other actions pursuant to section 6321, including the requirement that a judgment of foreclosure specify the priority and those amounts, if any, that may be due to the parties in interest that have appeared in the action.

C. After the expedited final hearing, the court shall issue a written judgment of foreclosure, dismissal with or without prejudice or judgment for the defendant as expeditiously as the interests of justice permit.’

SUMMARY

This amendment replaces the bill. This amendment provides a process for a plaintiff in a foreclosure by civil action to seek an expedited final hearing.

The request for an expedited final hearing must indicate that mediation did not result in the settlement or dismissal of the action or indicate that the defendant has not filed an answer to the complaint and all parties that have filed an answer in the action have consented. The request must be accompanied by a consent form that informs defendants that they may consult with an attorney or a housing counselor before consenting to an expedited hearing, indicates that all of the defendants and all of the parties in interest that have appeared in the action have consented to an expedited final hearing and is signed by all of the defendants and all of the parties in interest that have appeared in the action.

Upon receiving a properly filed request for an expedited final hearing the court must, as the interests of justice permit, set an expedited final hearing not less than 45 days after the request is filed. In the expedited hearing, notwithstanding that a default may already have been entered against the defendant, the defendant may appear and defend. The burden of proof and legal requirements for entry of a judgment of foreclosure are the same as in other foreclosure actions. After the expedited final hearing, the court must issue a written judgment of foreclosure, dismissal with or without prejudice or judgment for the defendant as expeditiously as the interests of justice permit.

HP0580 LD 846	Session - 127th Maine Legislature C "A", Filing Number H-356, Sponsored by		LR 1406 Item 2
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