Redemption and Deficiency Judgments in Maine
Whether you can buy back your home after a foreclosure sale in Maine, and whether the lender can sue for what's still owed.
Short 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)… 14 M.R.S. §§ 6322, 6323
| 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 |
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| 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 |
More Maine foreclosure & homeowner law
- How Foreclosure Works in Maine
- HOA Liens and Foreclosure in Maine
- Getting Your Home Back After a Tax Sale in Maine
- All Maine foreclosure & homeowner law rules
FAQ
Is there a right of redemption after foreclosure in Maine?
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.
Can the lender come after you for the rest of the loan after foreclosure in Maine?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.