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Maine

14 M.R.S.A. § 6321. Judicial foreclosure state.

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Judicial Type

Judicial

Redemption

90 days from date of judgment for most residential property.

Deficiency

Lender may pursue deficiency. Deficiency limited to debt − f

Mediation

Foreclosure Diversion Program: mandatory for owner-occupied

Statute Citation

14 M.R.S.A. §§ 6321-6325

Redemption Period

90 days from date of judgment for most residential property. The borrower may redeem by paying the full debt amount determined in the judgment.

Deficiency Judgment Rule

Lender may pursue deficiency. Deficiency limited to debt − fair market value (determined by court). Motion for deficiency must be made within the foreclosure action.

Notice Requirements

Foreclosure complaint served. Maine requires strict compliance with notice of default requirements: a notice of default and right to cure must be mailed 35 days before the foreclosure complaint is filed. Notice must include statutory language explaining the borrower's rights.

Mediation Program

Foreclosure Diversion Program: mandatory for owner-occupied residential mortgages. Mediation occurs before the foreclosure judgment can be entered.

Key Provisions

  • Judicial foreclosure required for residential property
  • 35-day pre-complaint notice of default is mandatory — failure to comply is a defense
  • Foreclosure Diversion Program provides mandatory mediation
  • 90-day redemption period after judgment

Homeowner Protections

  • Mandatory mediation program (Foreclosure Diversion Program)
  • 35-day pre-complaint notice gives time to seek assistance before lawsuit
  • Judicial process with full due process
  • 90-day post-judgment redemption period
  • Strict pre-suit notice requirements — lender non-compliance supports dismissal

Frequently Asked Questions

How does Maine's Foreclosure Diversion Program work?+
Maine's Foreclosure Diversion Program is mandatory: after the lender files the foreclosure complaint, the case is referred to the program before judgment can enter. The program provides: (1) a HUD-certified housing counselor assigned to the homeowner, (2) the counselor reviews the homeowner's finances and helps prepare a loss mitigation application, (3) mediation session with the lender, (4) the goal is a workout agreement. The program has a high success rate. If mediation fails, the case returns to the court for judgment.
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