Maine § 36 §945 Foreclosure in action for equitable relief; alternative procedure; class action

Maine Statutes

§ 36 §945 — Foreclosure in action for equitable relief; alternative procedure; class action

Maine·Title 36 TAXATION·Part 2 PROPERTY TAXES·Ch. 105 CITIES AND TOWNS

In addition to and as an alternative to the proceedings for foreclosure of a tax lien mortgage under section 944, a municipality may, provided a waiver of foreclosure thereof has been recorded in accordance with section 944, foreclose any tax lien mortgage held by the municipality for a period of at least 4 years from the date of filing of the tax lien certificate in the registry of deeds by an action in rem for equitable relief in the following manner:

1.Action in rem for equitable relief. Such actions may be commenced on or before the first day of April in each year and each such action shall relate only to tax lien mortgages arising from taxes assessed in a given year. The action in rem for equitable relief shall be entitled substantially as follows: (Name of municipality) against all

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In addition to and as an alternative to the proceedings for foreclosure of a tax lien mortgage under section 944, a municipality may, provided a waiver of foreclosure thereof has been recorded in accordance with section 944, foreclose any tax lien mortgage held by the municipality for a period of at least 4 years from the date of filing of the tax lien certificate in the registry of deeds by an action in rem for equitable relief in the following manner:
1.
Action in rem for equitable relief.
Such actions may be commenced on or before the first day of April in each year and each such action shall relate only to tax lien mortgages arising from taxes assessed in a given year. The action in rem for equitable relief shall be entitled substantially as follows: (Name of municipality) against all persons having, or claiming to have, an interest in sundry parcels of real estate in (name of municipality) for the foreclosure of tax lien mortgages arising from taxes assessed in the year ...... the defendants in said action shall be described as aforesaid in lieu of naming them.
2.
Complaint.
The municipality shall set forth in substance in the complaint the following:
3.
Notice.
The court shall order that notice of the pendency of the complaint be given to the defendants:
4.
No personal judgment.
In an action brought under this section, a personal judgment against a defendant may not be entered. Each person answering the complaint has the right to the severance of the action as to the parcel of real estate in which that person is interested.

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