Maine Servicing Reference Guide
- Kacey Olson
Owned by Kacey Olson
| Citation | Topic | Requirement |
| Me. Rev. Stat. Ann. tit. 14, §6321 | Foreclosure Complaint | The foreclosure must be commenced in accordance with the Maine Rules of Civil Procedure, and the mortgagee shall within 60 days of commencing the foreclosure also record a copy of the complaint or a clerk's certificate of the filing of the complaint in each registry of deeds in which the mortgage deed is or by law ought to be recorded and such a recording thereafter constitutes record notice of commencement of foreclosure. The mortgagee shall further certify and provide evidence that all steps mandated by law to provide notice to the mortgagor pursuant to section 6111 were strictly performed. In order to state a claim for foreclosure upon which relief can be granted, the complaint must contain a certification of proof of ownership of the mortgage note. The mortgagee shall certify proof of ownership of the mortgage note and produce evidence of the mortgage note, mortgage and all assignments and endorsements of the mortgage note and mortgage. The complaint must allege with specificity the plaintiff's claim by mortgage on such real estate, describe the mortgaged premises intelligibly, including the street address of the mortgaged premises, if any, which must be prominently stated on the first page of the complaint, state the book and page number of the mortgage, if any, state the existence of public utility easements, if any, that were recorded subsequent to the mortgage and prior to the commencement of the foreclosure proceeding and without mortgagee consent, state the amount due on the mortgage, state the condition broken and by reason of such breach demand a foreclosure and sale. If a clerk's certificate of the filing of the complaint is presented for recording pursuant to this section, the clerk’s certificate must bear the title "Clerk's Certificate of Foreclosure" and prominently state, immediately after the title, the street address of the mortgaged premises, if any, and the book and page number of the mortgage, if any. |
| Court Procedures / Me. Rev. Stat. Ann. tit. 14, §6321-A(2) | Foreclosure Notice - Request for Mediation | A plaintiff must attach to the front of a foreclosure complaint a 1 page form notice containing: (1) a statement that failure to answer the complaint will result in foreclosure of the property subject to the mortgage; (2) a sample answer and an explanation that the defendant may fill out the form and return it to the court (in the envelope provided) as the answer to the complaint; and (3) a description of the foreclosure mediation program. |
| ME Consumer Credit Code--Lenders | Me. Rev. Stat. Ann. tit. 9-A, §2-502(1) | Late Payment Fees | 1. A creditor may contract for and receive a delinquency charge on any outstanding, unpaid installment payment or portion of such payment due under a consumer credit transaction or open-end credit plan not paid in full within 15 days after its scheduled or deferred due date in an amount not exceeding the greater of: A. An amount, not exceeding $10, that is 5% of the unpaid amount of the installment; or [2003, c. 100, §2 (AMD).] B. The deferral charge, section 2-503, that would be permitted to defer the unpaid amount of the installment for the period that it is delinquent. |
Consumer Credit Code / Me. Rev. Stat. Ann. tit 9-A §5-110 | Notice of Consumer Right to Cure | A lender may give a borrower this notice after the borrower has been in default for 10 days for failure to make a required payment on a mortgage loan subject to the Maine Consumer Credit Code. A lender may not accelerate maturity of a loan until at least 14 days after this notice has been provided. 3-A. Information; Bureau of Consumer Credit Protection. Within 3 days of providing written notice to the mortgagor as required by subsections 1 and 1-A, the mortgagee shall file with the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection, in electronic format as designated by the Bureau of Consumer Credit Protection, information including: |
| Me Rev. Stat. Ann. tit. 30-A, §3106-A | Notice of Foreclosure to Municipality | 3. Notice of foreclosure; designation of representative. When initiating a foreclosure action on a property, a foreclosing mortgagee shall notify the municipality where the property is situated and designate an in-state representative responsible for responding to municipal inquiries regarding the property. The foreclosing mortgagee shall provide the municipality where the property is located with the contact information for the mortgagee's in-state representative. For the purposes of this subsection, "contact information" means both a mailing address and a direct telephone number with a functioning voice mailbox, as well as the in-state representative's direct e-mail address when available. |
| Consumer Credit Code / Me. Rev. Stat. Ann.§3-308 | Notice of Loan Maturity | At least 60 days but not more than 180 days prior to the maturity of the loan, the creditor must notify the consumer in writing of the maturity date and the amount due on the maturity date. |
| Court Procedures / Me. Rev. Stat. Ann. tit. 14, §6111 | Notice of Right to Cure | A mortgagee may not accelerate maturity of the unpaid balance of an obligation, or otherwise enforce a mortgage, because of a default consisting of the borrower's failure to make any required payment, tax payment or insurance premium payment, until at least 35 days after a written Notice of Right to Cure is given by the mortgagee to the borrower and any cosigner. There are a number of requirements relative to this notice, see citation. |
| Court Procedures / Me. Rev. Stat. Ann. tit. 14, §6323(1) | Notice of Sale | The lender must publish a notice of public sale once in each of 3 successive weeks in a newspaper of general circulation in the county in which the property is located. The first notice must be published not more than 90 days after expiration of the redemption period and the sale must be held not less than 30 days nor more than 45 days after the first date of publication. If the property is conveyed by deed pursuant to a public sale, a copy of the judgment of foreclosure and evidence of compliance with the requirements for the notice of public sale and the public sale itself must be attached to or included within the deed, or both, or otherwise be recorded in the registry of deeds. |
| Court Procedures / Me. Rev. Stat. Ann. tit. 14, §6322-A | Notice to Tenant of Foreclosure Judgment | The lender must provide a copy of the foreclosure judgment to any residential tenant if the lender knows or should know by exercise of due diligence that the property is occupied as a residential rental unit. The copy of the judgment may be provided to a tenant by first class mail and registered mail at the residential tenant's last known address only after the lender has made 2 good faith efforts to provide the judgment to the tenant in person. |
| Court Procedures / Me. Rev. Stat. Ann. tit. 14, §6322 | Redemption in a Foreclosure Action | A writ of possession may not issue until the expiration of the period of redemption provided for in this section. If the mortgagor or the mortgagor's successors, heirs and assigns pay to the mortgagee the sum that the court adjudges to be due and payable to the mortgagee with interest within the period of redemption, then the mortgagee shall forthwith discharge the mortgage and file a dismissal of the action for foreclosure with the clerk of the court. |
| Court Procedures / Me. Rev. Stat. Ann. tit. 14, §6321 | Waiver or Stay of Foreclosure | The acceptance, before the expiration of the right of redemption and after the commencement of foreclosure proceedings of any mortgage of real property, of anything of value to be applied on or to the mortgage indebtedness by the lender constitutes a waiver of the foreclosure unless an agreement to the contrary in writing is signed by the person from whom the payment is accepted or unless the bank returns the payment to the borrower within 10 days of receipt. The receipt of income from the mortgaged premises by the lender while in possession of the premises does not constitute a waiver of the foreclosure proceedings of the mortgage on the premises. The lender and the borrower may enter into an agreement to allow the borrower to bring the mortgage payments up to date with the foreclosure process being stayed as long as the borrower makes payments according to the agreement. If the borrower does not make payments according to the agreement, the lender may, after notice to the borrower, resume the foreclosure process at the point at which it was stayed. |