How Foreclosure Works in Maine

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.

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.

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.

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.