Summary of Maine's Foreclosure Laws

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If you are facing foreclosure in Maine, it’s important to understand some of the basics, including:

  • the most common type of foreclosure procedure (judicial v. nonjudicial) used in Maine
  • how much time you have to respond
  • your rights and protections in the process, and
  • what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of Maine foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic

State Rule

Most common type of foreclosure process

Judicial

Time to respond

Foreclosing party must send a notice of right to cure 35 days before starting foreclosure. Homeowner has 20 days to respond after being served with summons and complaint. After the court issues a foreclosure judgment, and within 90 days after the redemption period (see below) ends, foreclosing party must publish notice of public sale for three consecutive weeks. Sale must be held 30 to 45 days after date of first publication. Foreclosing party must also mail a notice of sale at least 30 days before sale date to all parties who appeared in the foreclosure action.

Reinstatement of loan before sale

Borrower has the right to reinstate within 35 days after receiving the notice of right to cure. Also, lender, in its sole discretion, may let homeowner reinstate the loan any time before the sale.

Redemption after sale

Redemption period is 90 days from the date the foreclosure judgment is entered, unless homeowner appeals.

Special protections for foreclosures involving high-cost mortgages

Law allows for damages and for assignee liability.

Special state protections for service members

Certain military service members get the opportunity to stay (postpone) court proceedings. Me. Rev. Stat. Ann. tit. 37-B, § 389-A

Deficiency judgments

Allowed with some limitations

Cash exempted in bankruptcy

$6,400 for one person, $12,800 for a married couple

Notice to leave after house is sold

Foreclosing party can get a writ of possession against the foreclosed homeowners as part of the foreclosure action.

Foreclosure statutes

Me. Rev. Stat. Ann. tit. 14, §§ 6101 to 6325

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