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In a vote by the Legislature's Judiciary Committee, described by the House Chair of the Maine Legislature's Judiciary Committee, Rep. Barry Hobbins, as "something that doesn't happen very often," L.D. 846 - An Act to Refine and Streamline the Foreclosure Mediation Program was unanimously passed by the Committee with an amendment, which replaced the bill's original language, crafted by your League.
The unanimous passage of the bill by the Committee came after your League's Legislative Team spent countless hours meeting with housing advocates, representatives from the Judiciary Branch, and members of the Committee to develop an amendment that would satisfy the needs and concerns of those involved. "This was a difficult process that involved multiple meetings, changes and discussions during the past few months. We have been working on this since the beginning of session, and we are appreciative not only to all of those who worked on this bill but to entire Legislative Team for their efforts. Your League's Legislative Counsel, Attorney Ben Marcus, played a key role in providing testimony before the Committee at the public hearing and drafting the final language. This was, however, a team effort and I would like to congratulate all involved in making it happen," your League's President John Murphy stated.
Key pieces of the amendment passed by the Judiciary Committee:
•All existing law is adopted, including the required certifications of the complaint to demonstrate that the lender has provided the 35-day notice to cure and that the lender is the holder of the mortgage note, the mediation process and the redemption period following judgment;
•The same form is used at the outset of the case to enable the consumer to easily answer the compliant and choose mediation;
•If the consumer answers the complaint, the mediation would proceed in the same manner it does today; and
•An expedited trial is available in two cases: 1) if the consumer opts in to the expedited process following mediation; and 2) if the consumer has defaulted (does not answer the complaint.
"The amendment drafted and submitted by Maine's credit unions adopts all existing foreclosure law, including mediation and the redemption period, while speeding up the process in appropriate cases. This is very good news for Maine's credit unions," added Murphy.
The bill now moves to the full House then to the Senate for votes. The unanimous vote by the Judiciary Committee puts passage of L.D. 846 in a strong position.
Your League will keep you updated as events warrant.