1.Actions to abate nuisance and preserve property.
After the commencement of an action for foreclosure, a mortgage loan servicer, as defined in Title 9‑A, section 1‑301, subsection 24‑C, may file an affidavit attesting to the conditions described in subsection 2 and any other facts evidencing abandonment with the court and served on the parties to the foreclosure action pursuant to the Maine Rules of Civil Procedure, Rule 5. The affidavit must be based on the personal knowledge of the affiant, must state the basis for that personal knowledge and must include a statement that a municipal, county or state official, code enforcement officer or law enforcement official was present on the date when any conditions of abandonment described in subsection 2, paragraph B and included in the affidav
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1.
Actions to abate nuisance and preserve property.
After the commencement of an action for foreclosure, a mortgage loan servicer, as defined in Title 9‑A, section 1‑301, subsection 24‑C, may file an affidavit attesting to the conditions described in subsection 2 and any other facts evidencing abandonment with the court and served on the parties to the foreclosure action pursuant to the Maine Rules of Civil Procedure, Rule 5. The affidavit must be based on the personal knowledge of the affiant, must state the basis for that personal knowledge and must include a statement that a municipal, county or state official, code enforcement officer or law enforcement official was present on the date when any conditions of abandonment described in subsection 2, paragraph B and included in the affidavit were observed by the affiant. Once the affidavit is filed with the court, the mortgage loan servicer or its designee may enter the property for the purpose of abating any identified nuisance, preserving property or preventing waste and may take steps to secure the property, including but not limited to:
2.
Presumption of abandonment.
Mortgaged premises are presumed to be abandoned property, for purposes of this section only, if:
3.
Record of entry.
The mortgage loan servicer or its designee shall make a record of entry pursuant to this section by means of dated and time-stamped photographs showing the manner of entry and personal items visible within the residence upon entry.
4.
Removal of personal items.
Neither the mortgage loan servicer nor its designee may remove personal items from the property unless the items are hazardous or perishable. The mortgage loan servicer or its designee shall create a written inventory of items removed.
5.
Notice before entry.
Prior to each entry pursuant to this section, a mortgage loan servicer or its designee shall ensure that a notice is posted on the front door of each property that includes the following:
6.
Maintenance of records.
The mortgage loan servicer or its designee shall maintain records of entry onto the property pursuant to this section for at least 4 years from the date of entry.
7.
Occupied property.
If, upon entry pursuant to this section, the property is found to be occupied or there exist other reasonable indicia of occupancy, the mortgage loan servicer or its designee shall leave the property immediately and notify the county or municipality. Neither the mortgage loan servicer nor its designee may enter the occupied property regardless of whether the property constitutes a nuisance or complies with local code enforcement standards. Upon determination that the property is occupied, the mortgage loan servicer shall post a notice advising that entry occurred, take all steps necessary to remedy any damage caused by the entry and secure the property for the occupants.
8.
Notice that property not abandoned.
If a mortgage loan servicer is contacted by the mortgagor and notified that the property is not abandoned, the mortgage loan servicer shall notify the county or municipality and thereafter neither the mortgage loan servicer nor its designee may enter the property regardless of whether the property constitutes a nuisance or complies with local code enforcement standards.
9.
County and municipality liability.
A county or municipality is not liable for any damages caused by an act or omission of the mortgage loan servicer or its designee pursuant to this section.
10.
Prohibition on harassment.
Regardless of any contractual rights granted to a mortgagee, it is unlawful for a mortgagee, its mortgage loan servicer or a 3rd-party agent or other person acting on behalf of a mortgagee to enter residential property that is not abandoned for the purpose of forcing, intimidating, harassing or coercing a lawful occupant of the residential property to vacate that property in order to render the property vacant and abandoned or to otherwise force, intimidate, harass or coerce a lawful occupant of the residential property to vacate that property so that it may be considered abandoned.
11.
Penalties.
A violation of this section is deemed to be a violation of section 6113 for entities not exempt from the provisions of section 6113. The remedies provided in this section are in addition to any other rights and remedies conferred by law.
12.
Contractual rights.
The provisions of this section do not preempt, supersede or otherwise render inapplicable any rights granted to a mortgagee under the mortgage.