Summary of Maine's Foreclosure Laws

Related Ads

Need Professional Help? Talk to a Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

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

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.

Reinstatement of loan before sale

Court can issue a conditional judgment if foreclosing party proves homeowner has defaulted on payments. After judgment is issued, homeowner has two months to reinstate and can get a two-month extension of this right. 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. Me. Rev. Stat. Ann. tit. 14, § 6322

Special protections for foreclosures involving high-cost mortgages

Law allows for damages and for assignee liability but doesn’t appear to provide a defense to foreclosure itself.

Special state protections for service members

Me. Rev. Stat. Ann. tit. 37-B, § 387

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

No special provisions for evictions following foreclosure. New owner will likely have to go to court to get an eviction order. Court-ordered evictions usually take two weeks to a month, depending on whether or not former owner responds to the lawsuit.

Foreclosure statutes

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

by: , J.D.

Talk to a Lawyer

Start here to find foreclosure lawyers near you.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO2:DRU.1.6.2.20140813.27175