Maine Law to Allow Mortgagees to Enter Vacant Properties

Maine Law to Allow Mortgagees to Enter Vacant Properties

Maine Law to Allow Mortgagees to Enter Vacant Properties

Legislation Update
April 10, 2020

Source: Maine Legislature (LD 1963/HP 1407 Information)

Additional Resource:

LD 1963/HP 1407 Full Text

Text Excerpt (Section 5):

5.  Entry by mortgagee.   Upon the issuance of an order of abandonment under subsection 3, the mortgagee or its mortgage servicer or designee may peaceably enter mortgaged premises or cause others to peaceably enter for the limited purpose of inspections, repairs and maintenance as required by this subsection or as otherwise ordered by the court. If the mortgaged premises are occupied by a tenant lawfully in possession, at least 7 days’ notice must be given to the tenant, unless emergency repairs are required, in which case reasonable notice must be provided to the tenant.

It is unlawful for a mortgagee, its mortgage 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.

B.  Liability for the unlawful conduct described in paragraph A extends to any mortgagee for whose benefit the actions were initiated, in addition to any agent, employee or subcontractor of the mortgagee who retained, hired or otherwise enlisted the perpetrator.

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