SP0046, LD 125, item 1, An Act To Preserve Lender Equity in the Foreclosure Process

An Act To Preserve Lender Equity in the Foreclosure Process

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 14 MRSA §6321, as amended by PL 2009, c. 476, Pt. B, §5 and affected by §9, is further amended by adding at the end a new paragraph to read:

The filing fee for a foreclosure by civil action may not exceed $150.

Sec. 2. 14 MRSA §6321-A, sub-§7, ¶C, as enacted by PL 2009, c. 402, §18, is amended to read:

C. Notwithstanding subsection 10, establish a fee upon a foreclosure filing made on or after June 15, 2009 to support mediation services to be paid for by the plaintiff , except that, for a foreclosure complaint filed after October 1, 2013, a fee for mediation may not be assessed unless the defendant has submitted an answer to the complaint or motion for summary judgment; and

Sec. 3. 14 MRSA §6321-A, sub-§9, as enacted by PL 2009, c. 402, §18, is amended to read:

9. No entry of judgment. For any foreclosure complaint filed after January 1, 2010 that is scheduled for mediation in accordance with this section, a final judgment may not issue until a mediator’s report has been completed pursuant to subsection 13. For any foreclosure complaint filed after October 1, 2013, the court may enter summary judgment at any time upon review of the filing.

summary

This bill does the following.

1. It reduces the filing fee for foreclosure actions from $350, as set by administrative order, to $150.

2. It prohibits a fee for mediation from being assessed unless the defendant answers the complaint or motion for summary judgment in a foreclosure action.

3. It makes clear that a court may enter summary judgment in a foreclosure action at any time. Under current court rules, the court must determine that certain requirements are met before entering summary judgment.

SP0046 LD 125	Session - 126th Maine Legislature		LR 346 Item 1
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