An Act To Allow Treasurers To Process Tax Lien Discharge and Sanitary District Sewer Lien Documents Using Facsimile Signatures
Maine Legislature, Session 125, LD 0297
Committee: Taxation
Sponsors: CASAVANT, SULLIVAN, BEAUDOIN, DION, GOODE, HASKELL, ROCHELO, FARNHAM
Amends: 36 MRSA §943, 36 MRSA §944, 38 MRSA §1208

Legislative Document 
No. 297 
H.P. 241 
House of Representatives, February 3, 2011 
An Act To Allow Treasurers To Process Tax Lien Discharge and 
Sanitary District Sewer Lien Documents Using Facsimile Signatures 
Reference to the Committee on Taxation suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CASAVANT of Biddeford. 
Cosponsored by Senator SULLIVAN of York and 
Representatives: BEAUDOIN of Biddeford, DION of Portland, GOODE of Bangor, 
HASKELL of Portland, ROCHELO of Biddeford, Senator: FARNHAM of Penobscot. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  36 MRSA §943, 3rd ¶ is amended to read: 
In the event that said the tax, interest and costs shall be underlying the tax lien are 
paid within the period of redemption, the municipal treasurer or assignee of record shall 
prepare and record a discharge of the tax lien mortgage in the same manner as is now 
provided for the discharge of real estate mortgages, except that a facsimile signature of 
the treasurer or treasurer's assignee may be used. 
Sec. 2.  36 MRSA §944, sub-§2, as amended by PL 1987, c. 736, §57, is further 
amended to read: 
2.  Form.  The waiver of foreclosure shall must be substantially in the following 
form: 
The foreclosure of the tax lien mortgage on real estate for a tax assessed against ............. 
to ............ dated ........... (name) (name of municipality) and recorded in ..... registry of 
deeds in Book ...., Page .... is hereby waived. 
Dated this ....... date of ...... 19 20.. 
Then personally appeared the above named ............ A.B. .............. Treasurer and 
acknowledged the foregoing instrument to be his a free act and deed in his the Treasurer's 
said capacity. 
The form required by this subsection must be dated, signed by the treasurer or bear the 
treasurer's facsimile signature and notarized. 
There shall be included in the amount secured by the tax lien mortgage a A charge to the 
municipality of 50¢ for the waiver of foreclosure and the charges of the registry of deeds 
for the recording thereof which shall be of the waiver in accordance with the fees set forth 
in Title 33, section 751, subsection 10 1 must be included in the amount secured by the 
tax lien mortgage. 
Sec. 3.  38 MRSA §1208, 2nd ¶, as amended by PL 2001, c. 319, §1, is further 
amended to read: 
................. A.B. .......... 
Treasurer of .......... 
................. ss.  
....................... 19 20....
Before me, ......................... 
............................................. 
Notary Public 
The treasurer of the district has full and complete authority and power to collect the 
rates, tolls, rents and other charges established under section 1202 and the same rate, toll, 
rent or other charge must be committed to the treasurer.  The treasurer may, after demand 
for payment, sue in the name of the district in a civil action for any rate, toll, rent or other 
charge remaining unpaid in any court of competent jurisdiction.  In addition to other 
methods established by law for the collection of rates, tolls, rents and other charges, and 
without waiver of the right to sue for the same rate, toll, rent or other charge, the lien 
created may be enforced in the following manner.  The treasurer, when a rate, toll, rent or 
other charge has been committed to the treasurer for collection, may, after the expiration 
of 3 months and within one year after the date when the same rate, toll, rent or other 
charge became due and payable, give to the owner of the real estate served, or leave at the 
owner's last and usual place of abode, or send by certified mail, return receipt requested, 
to the owner's last known address, a notice in writing signed by the treasurer or bearing 
the treasurer's facsimile signature, stating the amount of that rate, toll, rent or other 
charge, describing the real estate upon which the lien is claimed and stating that a lien is 
claimed on the real estate to secure the payment of the rate, toll, rent or other charge and 
demanding the payment of the rate, toll, rent or other charge within 30 days after service 
or mailing, with $1 for the treasurer for mailing the notice together with the certified 
mail, return receipt requested, fee.  The notice must contain a statement that the district is 
willing to arrange installment payments of the outstanding debt.  For the purpose of this 
section, a mobile home is defined as real estate.  After the expiration of a period of 30 
days and within one year thereafter, the treasurer shall record in the registry of deeds of 
the county in which the property of such person is located a certificate signed by the 
treasurer or bearing the treasurer's facsimile signature setting forth the amount of such 
rate, toll, rent or other charge, describing the real estate on which the lien is claimed, and 
stating that a lien is claimed on the real estate to secure payment of the rate, toll, rent or 
other charge and that a notice and demand for payment of the same rate, toll, rent or other 
charge has been given or made in accordance with this section and stating further that 
such rate, toll, rent or other charge remains unpaid.  At the time of the recording of any 
such certificate in the registry of deeds as provided, the treasurer shall file in the office of 
the district a true copy of such certificate and shall mail a true copy of the certificate by 
certified mail, return receipt requested, to each record holder of any mortgage on the real 
estate, addressed to such record holder at the record holder's last and usual place of 
abode. 
Sec. 4.  38 MRSA §1208, 3rd ¶, as amended by PL 1979, c. 541, Pt. A, §276, is 
further amended to read: 
The filing of the certificate in the registry of deeds shall be deemed to create, and 
shall create, creates a mortgage on the underlying real estate therein described to the 
district which shall have that has priority over all other mortgages, liens, attachments and 
encumbrances of any nature, except liens, attachments and claims for taxes, and shall 
give gives to the district all the rights usually possessed by mortgagees, except that the 
district as mortgagee shall does not have any right to possession of said the real estate 
until the right of redemption provided for shall have has expired. If the mortgage, 
together with interest and costs, shall has not have been paid within 18 months after the 
date of filing of said the certificate in the registry of deeds as provided, the mortgage shall 
be is deemed to have been be foreclosed and the right of redemption to have expired. The 
filing of the certificate in the registry of deeds shall be is sufficient notice of the existence 
of the mortgage provided for created in this paragraph. In the event that said If the rate, 
toll, rent or other charge, with interest and costs, shall be is paid within the period of 
redemption provided for, the treasurer of the district shall discharge the mortgage in the 
same manner as provided for the discharge of real estate tax lien mortgages pursuant to 
Title 36, section 943. 
SUMMARY 
This bill allows municipal treasurers to use facsimile signatures in filing and 
processing tax lien documents and extends the use of facsimile signatures in the 
processing of sanitary district sewer liens.