Maine Foreclosure Laws

Maine Foreclosure Laws

authorWritten by Manuel Martinez, RealtyTrac contributorPublished Jun 6, 2013

Last updated

Key Takeaways

  • Maine foreclosures are typically handled in court and take about nine months.
  • After a ruling for the lender, borrowers have at least 90 days to pay and keep the home.
  • The sale notice runs for three weeks, with the sale 30-45 days after first publication.

Foreclosure Process Overview

Court foreclosures are most common in the state of Maine. The typical foreclosure process can take nine months.

Judicial Non Judicial Comment Process Period Publish Sale Redemption Period Sale/NTS
• Judicial only 240 days 30 days 90 days Court

Pre-foreclosure Period

Before a foreclosure can begin, a lender must deliver a default notice to the borrower. If the borrower does not pay the full amount in default plus interest and fees within 30 days, the lender may start the foreclosure process by filing the appropriate documents in court. The lender also notifies the borrower of the foreclosure action. If there is no opposition by the borrower to the court action, there will be no hearing. If the borrower opposes the foreclosure, the case could go to trial.

If the court rules in favor of the foreclosing lender, the borrower has at least 90 days to keep the property and stop the foreclosure proceedings by paying all amounts due. Including these 90 days, the pre-foreclosure period usually lasts 6-7 months.

Notice of Sale /Auction

If the borrower does not stop the foreclosure during the pre-foreclosure period, the lender publishes a notice of sale for three weeks in a local newspaper. The sale is scheduled 30-45 days after the first publication date. The notice must contain the property description and the date, time, and location of the sale.

The sale is often at the office of the foreclosure attorney, who also runs the sale. Sales may also take place at the courthouse or the property. The sale may be postponed for no more than seven days at a time and the postponement will be announced at the originally scheduled sale. At the sale, the lender may bid on the property. The property is sold to the highest bidder. Usually bidders are required to bring a certain deposit amount (stipulated in the notice of sale) and may pay off the balance within 30 days. After the sale and payment of the balance, the lender transfers the property ownership to the winning bidder.

Frequently Asked Questions

How long does foreclosure take in Maine?

The typical Maine foreclosure takes about nine months, with the pre-foreclosure period usually lasting 6-7 months.

Can you stop a foreclosure in Maine after the court rules?

Yes. The borrower has at least 90 days after a ruling for the lender to pay all amounts due and stop the foreclosure.

Sources & References

Outside sources cited in this article.

  1. Maine Revised Statutes Title 14, §6322 - Hearing and judgment, Maine Legislature
  2. Foreclosure Diversion Program, State of Maine Judicial Branch
Manuel Martinez

About the author: Manuel Martinez

RealtyTrac contributor

Manuel Martinez is a contributor to RealtyTrac who writes about local housing markets, home buying and real estate investing. He has written for RealtyTrac since 2013, covering city and state market reports, home buying guides and tips, investment financing and strategies for buying and flipping homes.

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