An Act To Protect Homeowners from Debt Collectors

Sec. 1. 10 MRSA §3255, sub-§4  is enacted to read:

Sec. 2. 10 MRSA §3259,  as amended by PL 1981, c. 585, §4, is further amended to read:

§ 3259. Sale of property; redemption; pro rata shares

If it is determined that the parties or any of them, claiming a lien, have a lien upon said building and land or upon said wharf, pier, building and land, the court may decree that said property, or such interest in it as is subject to the liens or any of them, shall must be sold, and shall prescribe the place, time, terms, manner and conditions of such sale , except that the court may not order the sale of the property to satisfy the lien if the owner of the property subject to the lien occupies the property as the owner's residence. The court may order an adjournment of such sale from time to time, or the manner and conditions of any adjournment of such sale may be prescribed in the decree. A deed of the officer of the court, appointed to make such sale, recorded in the registry of deeds where the land lies, within 3 months after the sale, shall must convey all the title of the debtor and the owner in the property ordered to be sold. If justice requires, the court may provide in the order of sale that the owner shall have has a right to redeem the property from such sale within a time fixed in the order of sale. If the court shall determine determines that the whole of the land on which the lien exists is not necessary therefor, it shall describe in the order of sale a suitable lot therefor; and only so much shall may be sold. The lienors shall share pro rata, provided their complaints or motions therefor are filed with the clerk of the court in which the order of sale is granted prior to the order of sale and within the time mentioned in sections 3255, 3256 and 3257. The court may make such decree in regard to costs as is equitable.

SUMMARY

This bill prohibits a court from ordering a sale of property to satisfy a lien on the property if the owner of the property occupies the property as the owner's residence.