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Terms Used In Maine Revised Statutes Title 14 Sec. 6203-B

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • 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
The mortgagee or its agent shall, within 30 days after the date of the delivery of the deed to the purchaser or the purchaser’s agent, cause an affidavit, fully and particularly stating the mortgagee’s acts, or the acts of the mortgagee’s agent, along with a copy of the foreclosure notice as published, to be recorded in the registry of deeds for the county where the land lies. The affidavit must identify the mortgagee and mortgagor and include the street address, if any, of the real estate encumbered by the mortgage; a description of the real estate encumbered by the mortgage, which may be incorporated by reference to the book and page number of an instrument of record containing an adequate legal description of the real estate; the book and page number, if any, of the mortgage; the dates of publication and the name of the publishing entity of the public notice required by section 6203?A, subsection 1; the recipients and mailing or service dates of notices provided pursuant to section 6203?A, subsections 1 and 1?A and section 6203?E; the final purchaser under the agreement described in section 6203?A, subsection 5; and the date of delivery of the deed to the purchaser or the purchaser’s agent. If the affidavit shows that the requirements of the power of sale and section 6203?A have in all respects been complied with, the affidavit or a certified copy of the record thereof must be admitted as evidence that the power of sale was duly executed. In case of an error or omission in the affidavit recorded as aforesaid, the mortgagee or its agent shall record an amended affidavit correcting the error or omission and the amended affidavit so recorded has the same effect and must be admitted in evidence, as if it had been recorded within said 30 days, but such subsequent affidavit does not prejudicially affect any title or interest in land that may have arisen or have been created between the recording of the original and of the subsequent affidavit. [PL 2015, c. 147, §2 (AMD).]
SECTION HISTORY

PL 1967, c. 424, §2 (NEW). PL 2009, c. 476, Pt. B, §4 (AMD). PL 2009, c. 476, Pt. B, §9 (AFF). PL 2015, c. 147, §2 (AMD).