Maine Revised Statutes Title 38 Sec. 1049 – Waiver of sewer district lien foreclosure
Current as of: 2023 | Check for updates
|
Other versions
A sewer district, including but not limited to a qualified sewer district subject to section 1050, may use the following provisions to waive a lien foreclosure. [PL 2013, c. 555, §6 (NEW).]
1. Waiver. The treasurer of a sewer district, including a qualified sewer district, when authorized by the trustees of the sewer district, may waive the foreclosure of a sewer district lien mortgage created pursuant to the sewer district’s charter by recording in the registry of deeds a waiver of foreclosure before the period for the right of redemption from the lien mortgage has expired. The lien mortgage remains in full effect after the recording of a waiver. Other methods established by law for the collection of any unpaid rate are not affected by the filing of a waiver under this section.
[PL 2013, c. 555, §6 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 1049
- Charter: means a private and special law or series of private and special laws that establishes a sewer district and defines its responsibilities and authorities. See Maine Revised Statutes Title 38 Sec. 1032
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
- Sewer district: means a district, including a multipurpose district and standard district, created by a private and special law of the State whose purposes include collection, interception and treatment of sewerage. See Maine Revised Statutes Title 38 Sec. 1032
2. Form. The waiver of foreclosure under subsection 1 must be substantially in the following form.
The foreclosure of the sewer lien mortgage on real estate for charges against……………………(NAME) to…………….(NAME OF SEWER DISTRICT) dated……………and recorded in the………………….County Registry of Deeds in Book………, Page…….. is hereby waived.
The form must be dated, signed by the treasurer of the sewer district and notarized. A copy of the form must be provided to the party named on the lien mortgage and each record holder of a mortgage on the real estate.
[PL 2013, c. 555, §6 (NEW).]
SECTION HISTORY
PL 2013, c. 555, §6 (NEW).