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An Act To Ensure That Defendants in Foreclosure Proceedings Receive Proper Notification
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 14 MRSA §6111, sub-§3, as amended by PL 1997, c. 579, §2, is further amended to read:
 
3. Notice procedure.   A mortgagee shall provide notice to a mortgagor and any cosigner under this section to the last known addresses of the mortgagor and cosigner by both:
 
A. Certified mail, return receipt requested. For the purposes of this paragraph, the time when the notice is given to the mortgagor or cosigner is the date the mortgagor or cosigner signs the receipt or, if the notice is undeliverable, the date the post office last attempts to deliver it; orand
 
B. Ordinary first class mail, postage prepaid. For the purposes of this paragraph, the time when the notice is given to the mortgagor or cosigner is the date when the mortgagor or cosigner receives that notice. A post office department certificate of mailing to the mortgagor or cosigner is conclusive proof of receipt on the 3rd calendar day after mailing.
 
For purposes of this subsection, the time when the notice is given to the mortgagor or cosigner is the sooner of the date the mortgagor or cosigner signs the receipt or, if the notice is undeliverable, the date the post office last attempts to deliver it under paragraph A and the date the mortgagor or cosigner receives the notice under paragraph B. A post office department certificate of mailing to the mortgagor or cosigner is conclusive proof of receipt on the 7th calendar day after mailing notice as provided under paragraph B.
 
SUMMARY
This bill requires a mortgagee to send a mortgagor in a foreclosure action the right to cure notice by both certified mail, return receipt requested, and ordinary mail.
The time the notice is given to the mortgagor or cosigner is the sooner of:
1. The date the mortgagor or cosigner signs the receipt or, if the notice is undeliverable, the date the post office last attempts to deliver it, under the Maine Revised Statutes, Title 14, section 6111, subsection 3, paragraph A; and
2. The date the mortgagor or cosigner receives the notice under Title 14, section 6111, subsection 3, paragraph B. A post office department certificate of mailing to the mortgagor or cosigner is conclusive proof of receipt on the 7th calendar day after mailing when notice is provided under Title 14, section 6111, subsection 3, paragraph B.