Question 1

Is Maine a judicial or non-judicial foreclosure state?

Accepted Answer

Judicial for home mortgages. After a breach of the mortgage, the lender forecloses by filing a civil action in Superior Court or District Court where the property is located. Out-of-court foreclosure under a power of sale is allowed only for mortgages granted by corporations, partnerships, LLCs or certain trusts, and for mortgage deeds signed on or after October 1, 1993 only when the deed says the loan is primarily for business, commercial or agricultural purposes.

Question 2

What notice is required before a foreclosure sale in Maine?

Accepted Answer

For a primary home, before the lender can accelerate the loan or foreclose for a missed payment, it must send a written notice of the right to cure by both certified mail and first-class mail. The notice must itemize what is past due and the total to cure, state that other options may exist and list HUD-approved counseling agencies, mention mediation, and include a scam warning. The lender reports the notice to the Bureau of Consumer Credit Protection, which then mails the homeowner a summary of their rights and resources. The foreclosure complaint must have a one-page notice and answer/mediation form attached, and must be recorded at the registry of deeds within 60 days of filing. After the redemption period ends, notice of the public sale must be published once a week for three successive weeks in a newspaper in the county, and mailed at least 30 days before the sale to everyone who appeared in the case.

Question 3

How long does foreclosure take in Maine?

Accepted Answer

Minimum periods set by statute: the lender cannot start enforcing the mortgage until at least 35 days after the right-to-cure notice is given. After a foreclosure judgment, the owner has a redemption period (90 days from judgment for mortgages signed on or after October 1, 1975) before any sale. The first sale notice must be published no more than 90 days after the redemption period ends, and the sale must be held 30 to 45 days after the first publication (unless federal servicing rules require otherwise); it may be adjourned up to 60 days at a time, and the court can extend deadlines for good cause.

Question 4

Can you stop a foreclosure by catching up on payments in Maine?

Accepted Answer

Yes, for a primary residence securing a personal or household loan. The homeowner has at least 35 days after the right-to-cure notice is given to pay all amounts due without acceleration (plus reasonable interest, late charges and attorney's fees), and paying before the date in the notice restores the mortgage as if no default occurred. During the case, the lender and homeowner may agree to a payment plan that pauses the foreclosure. After the redemption period ends, the lender may (but does not have to) let the owner redeem or reinstate before the sale.

Question 5

Is there a right of redemption after foreclosure in Maine?

Accepted Answer

Yes, before the sale. After a foreclosure judgment, the owner may pay the amount the court found due, with interest, within the redemption period: 90 days from the judgment for mortgages signed on or after October 1, 1975 (one year for older mortgages unless the mortgage says otherwise), starting when the judgment is entered if no appeal is taken. For a primary home, a writ of possession cannot issue until the redemption period ends. The sale happens only after the redemption period expires.

Question 6

Can the lender come after you for the rest of the loan after foreclosure in Maine?

Accepted Answer

Yes, with limits. Any deficiency is assessed against the borrower and the court issues an execution for it, but the lender's deficiency claim is limited to the amount as of the date of the public sale. If the lender itself buys at the sale, the deficiency is limited to the difference between the property's fair market value at the time of sale (set by an independent appraisal) and the amount due plus sale expenses. The lender must file a report of sale on time or loses the right to seek a deficiency. Any surplus goes to the owner.

Question 7

Does Maine have a foreclosure mediation program?

Accepted Answer

Yes. The Judicial Branch's Foreclosure Diversion Program provides mediation for owner-occupied homes of up to four units that are the owner's primary residence. The homeowner requests it by returning the Response to Complaint and Request for Mediation form (the court asks for it within 20 days of receiving the court papers), attends an informational session with a HUD-certified housing counselor, and then meets with the lender and a neutral mediator. The lender must attend with settlement authority, both sides must mediate in good faith, and no final judgment may issue until the mediator's report is completed.

Question 8

What happens to tenants when a rental home is foreclosed in Maine?

Accepted Answer

After a foreclosure judgment, the lender must give a copy of the judgment to any residential tenant (by first-class and registered mail only after two good-faith attempts in person) and must give the tenant written notice of all later proceedings through the sale. A residential tenant may not be evicted unless the lender files a forcible entry and detainer (eviction) case after giving this notice and after the redemption period has ended.

Question 9

Can an HOA foreclose on your home in Maine?

Accepted Answer

Yes, for condominiums. A condominium association has a lien on a unit for assessments and fines, which may be foreclosed in the same way as a mortgage. The lien ranks behind a first mortgage (whenever recorded) and property taxes, and it ends unless enforcement starts within six years after the assessments become fully due. The association must provide a binding statement of unpaid assessments within 10 business days of a written request.

Question 10

What must a home seller disclose in Maine?

Accepted Answer

Yes. Unless exempt, a seller of residential real property must give the buyer a property disclosure statement covering the water supply, heating system, waste disposal system, hazardous materials (asbestos, lead paint, radon, underground oil tanks, methamphetamine), known defects, access to the property and flood risks, among other items, plus state information on arsenic. It must be delivered no later than when the buyer makes an offer; if it is delivered later, the buyer may withdraw or cancel within 72 hours of receiving it, without penalty.

Question 11

How do you get your home back after a tax sale in Maine?

Accepted Answer

Maine uses a tax lien process rather than a tax sale. Filing a tax lien certificate creates a tax lien mortgage in favor of the town. The owner can redeem by paying the tax, interest and costs; if they are not paid within 18 months after the certificate is filed, the lien automatically forecloses. The town treasurer must send a notice of impending automatic foreclosure 30 to 45 days before the foreclosure date; a person who does not get timely notice may redeem until 30 days after notice is given. If the lien forecloses, the town owns the property and may sell it and return any excess proceeds under 36 M.R.S. § 943-C.

Question 12

Where can homeowners get free foreclosure help in Maine?

Accepted Answer

Free housing counseling for people having trouble paying their mortgage is available by calling the Maine Bureau of Consumer Credit Protection at 1-888-664-2569. The courts' Foreclosure Diversion Program (207-822-0706) offers mediation and an informational session with a HUD-certified housing counselor, and the right-to-cure notice must list HUD-approved counseling agencies serving Maine.

Judicial or non-judicial	Judicial for home mortgages. After a breach of the mortgage, the lender forecloses by filing a civil action in Superior Court or District Court where the property is located. Out-of-court foreclosure under a power of sale is allowed only for mortgages granted by corporations, partnerships, LLCs or certain trusts, and for mortgage deeds signed on or after October 1, 1993 only when the deed says the loan is primarily for business, commercial or agricultural purposes. Source: 14 M.R.S. §§ 6321, 6203-A
Required notices	For a primary home, before the lender can accelerate the loan or foreclose for a missed payment, it must send a written notice of the right to cure by both certified mail and first-class mail. The notice must itemize what is past due and the total to cure, state that other options may exist and list HUD-approved counseling agencies, mention mediation, and include a scam warning. The lender reports the notice to the Bureau of Consumer Credit Protection, which then mails the homeowner a summary of their rights and resources. The foreclosure complaint must have a one-page notice and answer/mediation form attached, and must be recorded at the registry of deeds within 60 days of filing. After the redemption period ends, notice of the public sale must be published once a week for three successive weeks in a newspaper in the county, and mailed at least 30 days before the sale to everyone who appeared in the case. Source: 14 M.R.S. §§ 6111, 6321, 6321-A, 6323
Time frames set by law	Minimum periods set by statute: the lender cannot start enforcing the mortgage until at least 35 days after the right-to-cure notice is given. After a foreclosure judgment, the owner has a redemption period (90 days from judgment for mortgages signed on or after October 1, 1975) before any sale. The first sale notice must be published no more than 90 days after the redemption period ends, and the sale must be held 30 to 45 days after the first publication (unless federal servicing rules require otherwise); it may be adjourned up to 60 days at a time, and the court can extend deadlines for good cause. Source: 14 M.R.S. §§ 6111, 6322, 6323
Right to catch up (reinstate)	Yes, for a primary residence securing a personal or household loan. The homeowner has at least 35 days after the right-to-cure notice is given to pay all amounts due without acceleration (plus reasonable interest, late charges and attorney's fees), and paying before the date in the notice restores the mortgage as if no default occurred. During the case, the lender and homeowner may agree to a payment plan that pauses the foreclosure. After the redemption period ends, the lender may (but does not have to) let the owner redeem or reinstate before the sale. Source: 14 M.R.S. §§ 6111, 6321, 6323
Foreclosure mediation	Yes. The Judicial Branch's Foreclosure Diversion Program provides mediation for owner-occupied homes of up to four units that are the owner's primary residence. The homeowner requests it by returning the Response to Complaint and Request for Mediation form (the court asks for it within 20 days of receiving the court papers), attends an informational session with a HUD-certified housing counselor, and then meets with the lender and a neutral mediator. The lender must attend with settlement authority, both sides must mediate in good faith, and no final judgment may issue until the mediator's report is completed. Program contact: (207) 822-0706, FDMP@courts.maine.gov. Source: 14 M.R.S. § 6321-A; Maine Judicial Branch, Foreclosure Diversion Program

Redemption after the sale	Yes, before the sale. After a foreclosure judgment, the owner may pay the amount the court found due, with interest, within the redemption period: 90 days from the judgment for mortgages signed on or after October 1, 1975 (one year for older mortgages unless the mortgage says otherwise), starting when the judgment is entered if no appeal is taken. For a primary home, a writ of possession cannot issue until the redemption period ends. The sale happens only after the redemption period expires. Source: 14 M.R.S. §§ 6322, 6323
Deficiency judgments	Yes, with limits. Any deficiency is assessed against the borrower and the court issues an execution for it, but the lender's deficiency claim is limited to the amount as of the date of the public sale. If the lender itself buys at the sale, the deficiency is limited to the difference between the property's fair market value at the time of sale (set by an independent appraisal) and the amount due plus sale expenses. The lender must file a report of sale on time or loses the right to seek a deficiency. Any surplus goes to the owner. Source: 14 M.R.S. §§ 6323, 6324
Tenants in a foreclosed home	After a foreclosure judgment, the lender must give a copy of the judgment to any residential tenant (by first-class and registered mail only after two good-faith attempts in person) and must give the tenant written notice of all later proceedings through the sale. A residential tenant may not be evicted unless the lender files a forcible entry and detainer (eviction) case after giving this notice and after the redemption period has ended. Source: 14 M.R.S. § 6322-A

HOA liens and foreclosure	Yes, for condominiums. A condominium association has a lien on a unit for assessments and fines, which may be foreclosed in the same way as a mortgage. The lien ranks behind a first mortgage (whenever recorded) and property taxes, and it ends unless enforcement starts within six years after the assessments become fully due. The association must provide a binding statement of unpaid assessments within 10 business days of a written request. Source: 33 M.R.S. § 1603-116
Property tax sales	Maine uses a tax lien process rather than a tax sale. Filing a tax lien certificate creates a tax lien mortgage in favor of the town. The owner can redeem by paying the tax, interest and costs; if they are not paid within 18 months after the certificate is filed, the lien automatically forecloses. The town treasurer must send a notice of impending automatic foreclosure 30 to 45 days before the foreclosure date; a person who does not get timely notice may redeem until 30 days after notice is given. If the lien forecloses, the town owns the property and may sell it and return any excess proceeds under 36 M.R.S. § 943-C. 36 M.R.S. § 943-C (sale and excess proceeds) was not read in full. Source: 36 M.R.S. § 943
Seller disclosure	Yes. Unless exempt, a seller of residential real property must give the buyer a property disclosure statement covering the water supply, heating system, waste disposal system, hazardous materials (asbestos, lead paint, radon, underground oil tanks, methamphetamine), known defects, access to the property and flood risks, among other items, plus state information on arsenic. It must be delivered no later than when the buyer makes an offer; if it is delivered later, the buyer may withdraw or cancel within 72 hours of receiving it, without penalty. Source: 33 M.R.S. §§ 173, 173-A, 174

Maine Foreclosure Laws: Process, Timeline and Your Rights

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