The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1917-04-12


served fourteen days before the re-
turn day thereof
Improved April 6. 1911
CHAPTER 1872.
AN ACT TO Amend Sections Four.
Five and Seven of Chapter Ninety
five OF the Revised Statutes. In Re-
lation to Mortgages Of Real Estate
BE 1t enacted, etc:
Section ] Section four OF chapter
ninety Ave OF the revised statuteR Is
hereby amended BIZ adding thereto tbs
following words: provided that an
AFFIDAVIT signed and sworn 10 By tho
mortgage or by the holder OF record
OF the mortgage. or their legal repre-
scntatlves, IL. within three months
after the expiration Of ono year from
the taking OF sGSh possession, record
I'd In the registry OF deeds where the
certificate OF foreclosure Is recorded
such ahidavits shall state the names
OF tho parties to the mortgage, Its
date the date of the foreclosure and
the place OF the record OF the certi1-
cate OF foreclosure. and shall state In
general terms that the holder of such
mortgage has been in continuous pos
session for the period of one year after
the taking of such possession. and
that no payment has been made by the
nortsaSOr. mOrtgagors. assigns. heirs
or legal representatives. on tho prin-
cipal sum or interest of the said mort
gage. since the taking of such posses
sion. and that the party or parties
/ oluing said mortgage during the said
one year, have not knowingly or In
tentionally done any act to waive the
righ hts under said foreclosure proceed
ings. The register of deeds shall re-
cord such affidavit and note on tho
margin of the record Of the original
mortgage. the place OF record OF such
affidavit, and the fee for recording
such affidavit shall be the same as the
recording of certificate of fore
closure: but the fact that the register
does not note the record OF said NH
davit on the margin of record OF the
original mortgage shall not invalidate
the foreclosure proceedings. ANY per
son. persons, fTm or corporation
Knowingly or wilfullN making false
affidavit or n false statement therein,
ton on the case to any party, or tho
assigns or legal representatives of
any party. sustaining damages there
BY 80 that said section az amended
shnll read as follows:
Section 4. Possession obtained In
either OF these three modes. and con-
tinued for one wear. forever fore
closes tho right of REDEMPTION. provid-
ed that an affidavit signed and sworn
to by the mortgage or by the holder
gal representatives. is, within three
months after the expiration of one
year from the taking OF suoh posses
sion, recorded in the registry of deeds
" here the certificate OF foreclosure Is
recorded such affidavit shall state tho
nnmes Of the parties to the mortgage.
Its date. the date OF the foreclosure
and the place OF record OF the certih-
cate Of foreclosure, and shall state In
general terms that the holder of such
mortgage has been In continuous pos
session for the period of one year
after taking Of such possession, and
that no payment has been made by
the mortgaGor. mortgagors. assigns,
heirs or legal representatives,, on the
principal sum or interest of the said
mortgage, since the taking OF such
possession, and that the party or par
ties holding said mortgage during the
said ono wear have not knowingly or
Intentionally done any act to waive the
rights under said foreclosure proceed
irgs. The register Of deeds shall ro-
cord such affidavit and note on the
margin OF the record OF tho original
mortgage, the place Of tho record OF
such affidavit. and the fee for record
Ing such affidavit shall be the same as
tho recording of a certificate OF fore
closure; but the fact that the register
does not note the record OF such az
fidavit on the margin OF the record of
the original mortgage shall not In
validate the foreclosure proceedings.
Any person. persons. Arm or corpora-
ton knowingly or wilfully making
false affidavit or false statement
therein, shall be liable In damages In
an action on the case to any party. OF
the assigns or legal representatives of
any party sustaining damages 'herc-
Section o Division two OF said sec
ton Ave OF said chapter Is horoby
amended by striking out the words
"or his assignee In the second line
Of said division two and Inserting In
lieu thereof the following words: or
mortgagors or in case OF any record
ed transfer or transfers of the mort
gagged property since tho giving OF the
holders OF the title of the mortgaged
property at the time OF service of snid
notice, so that said division two of
sai Id section Ave when amended thall
read as follows:
Of such notice to DO served on the
mortgagor, or mortgagors or In case
of any recorded transfer or transfers
OF the mortgaged property since the
giving of the mortgage. on the record
holder or holders or the title OF the
mortgaged property at the dime of the
service Of said notice. II he lives In
the state, by the sheriff OF the same
county or his deputy. by delivering IT
to him in hand or leaving IL at his
last and usual place OF abode; and
cause the original notice and the sher-
IFS return thereon to be recorded
within thirty DAYS after such service
as aforesaid. and In all cases the Ger
tihcate OF the register OF deeds Is
prima facie evidence OF the fact o.
such entry. notice, publication OF fore
closure, and of the sheriffs return
Section 3. Section seven OF said
chapter ninety i've is hereby amended
by adding thereto the following: pro-
vlded that an affidavit signed and sworn
to by the mortgage or by the holder
OF record OF the mortgage, or their
legal representatives Is within three
months after the expiration of one
year from the first publication, or the
service of the notice mentioned in sec
ton 1--WE, recorded in the registry of
deeds where the certificate OF fore
closure mentioned in said section i've
Ia recorded; such affidavit shall state
the names of the parties to the mort
rage It's date and the date of the fore
closure and the place or tho record OF
the certificate OF foreclosure. ana
al nu state in general terms that no
payment has been made by the mort
cagor mortEaRors. assigns, hclrS or
/, rol representatives, on the principal
sim or interest of the said mortgage,
since the commencement of said fore
closure proceedings, and that the
party or parties holding salu mort
pa GO during the said ore year, have
done no act to waive the riShts under
said foreclosure procc, dings. The reg
lister or deeds shall record such AT
fldavit and note on the margin of the
record of the original mortgage. the
place Of the record of such aHldaNlt
and the fee for recording such AZ
tidavit shall be the same as the re
cording CT certificate of foreclosure.
but the fact that the register does
not note the record of said AFFIDAVIT on
flo ma i'm Of the orig inal mort gage.