Summary of Maine's Foreclosure Laws

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.


State Rule

Most common type of foreclosure process


Notice of the foreclosure

Foreclosing party must send a notice of right to cure 35 days before starting foreclosure. Borrower has 20 days to respond after being served with summons and complaint. After the redemption period expires (see below), 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 the lender gives the notice of right to cure. Also, lender, in its sole discretion, may let borrower 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 borrower appeals.

Special protections for foreclosures involving high-cost mortgages

Creditor cannot charge a prepayment penalty and cannot engage in flipping. If the creditor violates the law, the borrower can get damages. Me. Rev. Stat. tit 9-A, § 8-506.

Special state protections for service members

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

Deficiency judgments

Allowed, but limited to the difference between the fair market value of the property at the time of the sale and the total outstanding debt if the foreclosing party buys the home at the foreclosure sale

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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