State Foreclosure Law

Maine Foreclosure Laws

Maine is primarily a JUDICIAL foreclosure state. Non-judicial foreclosure by power of sale is limited by statute (14 M.R.S.A. § 6203-A) to mortgages granted by companies, partnerships or trusts, and for deeds signed since October 1993 to business…

Process

Judicial

Through the court system §

Foreclosure Length

Varies

Depends on the case

Homestead Exemption

$94,300

Automatic: no advance filing; claimed when a creditor seeks attachment or execution · the rule §

Deficiency Judgment

Limited

Allowed (with limitations) §

39 source pages cited · Last checked Mar 10, 2026

Not legal advice. This page provides general information about Maine foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Maine-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Maine foreclosure guide →

On this page

01 Governing statutes
02 Foreclosure process and your rights
03 Special foreclosure types
04 Lien priority
05 Statute of limitations
06 Probate & inheritance
07 Consumer protection & compliance
08 Legal aid & pro bono resources
09 Find help in Maine
10 National foreclosure guides
11 Maine distress data

Governing Statutes

Citation	Title	Covers
14 M.R.S.A. § 6321 et seq.	Foreclosure by Civil Action (Judicial)	Primary framework for judicial foreclosure in Maine. Governs the court process for foreclosure, judgment and decree, sale procedures, and redemption. This is the dominant residential foreclosure method.
14 M.R.S.A. § 6321-A	Foreclosure Diversion Program (2009)	Post-GFC mediation program for owner-occupied primary residences (1-4 units). When the homeowner returns the answer form, asks for mediation or appears in the case, the court refers the case to mediation; mediation is then mandatory for the lender, and a final judgment cannot issue until the mediator's report is completed. One of the earliest state foreclosure mediation programs enacted after the 2008 crisis.
14 M.R.S.A. § 6203-A	Foreclosure by Power of Sale (Non-Judicial)	Provides for non-judicial foreclosure by power of sale, but only for mortgages granted by a corporation, partnership, limited liability company or trustee of a trust, and, for mortgage deeds signed on or after October 1, 1993, only if the deed states it was given primarily for business, commercial or agricultural purposes. Requires strict compliance with notice and publication requirements.
14 M.R.S.A. § 6111	Right to Cure Residential Mortgage Delinquency	Establishes a 35-day right to cure for mortgages on a primary residence that secure a personal, family or household loan. The lender cannot accelerate or enforce the mortgage until at least 35 days after written notice of the right to cure is given.
14 M.R.S.A. § 6322	Redemption Period After Judicial Foreclosure	Establishes a 90-day redemption period that runs from the foreclosure judgment, before the sale (one year for mortgages signed before October 1, 1975). The borrower may redeem by paying the amount the court found due, with interest, within that period.
14 M.R.S.A. § 4422(1)	Homestead Exemption	Establishes a homestead exemption protecting equity in the residence from judgment creditors: $94,300, or $188,550 if minor dependents live with the debtor or the debtor or a dependent is age 60+ or disabled (amounts as adjusted October 24, 2024). Does not protect against mortgage foreclosure.

Maine Foreclosure Process and Your Rights

Maine uses judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

Paying to stop the foreclosure: At least 35 days after the lender's cure notice is given (14 M.R.S.A. § 6111), if the mortgage is on your primary residence and secures a personal, family or household loan. You can cure the default by paying the amounts due without acceleration, including reasonable interest, late charges and reasonable attorney's fees. This must happen before the date specified in the notice. §
After the sale: No post-sale redemption right. Maine's redemption period runs for 90 days from the judgment (one year for mortgages signed before October 1, 1975) and ends BEFORE the sale (14 M.R.S.A. § 6322); at the sale, the deed conveys the property free of the interests of the parties in the case. §
Homestead exemption: $94,300. Increased to $188,550 if minor dependents live with you, or if you or a dependent are age 60 or older or physically or mentally disabled (amounts as adjusted October 24, 2024; joint ownership can lower the amount, and the amount that applies is the one in effect when the creditor's lien was recorded). Protects equity in your primary residence from judgment creditors. Does NOT stop mortgage foreclosure. §
Mediation: Maine has a statewide foreclosure mediation program: the Maine Foreclosure Diversion Program. §

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Maine foreclosure guide →

Special Foreclosure Types in Maine

Beyond the standard judicial foreclosure process, Maine law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure

HOA and condominium association assessment liens may be foreclosed in Maine. §

Check the governing documents and Maine Condominium Act (33 M.R.S.A. § 1603-116) for specific procedures.

Tax Lien Foreclosure

Property tax liens have priority over mortgage liens in Maine. §

If the tax, interest and costs are not paid within 18 months after the tax lien certificate is recorded in the registry of deeds, the tax lien mortgage is deemed foreclosed and the right of redemption expires (36 M.R.S.A. § 943).

Lien Priority in Maine

Generally first in time, first in right under Maine recording statutes.

Condominium assessment liens do not take priority over a first mortgage under 33 M.R.S.A. § 1603-116. Consult a local attorney for specific lien priority questions.

Statute of Limitations in Maine

Mortgage Foreclosure

Varies §

Maine's general limit for civil actions is 6 years after the cause of action accrues, except as otherwise specially provided (14 M.R.S.A. § 752). An action to enforce a note payable at a definite time must be brought within 6 years after the due date, or within 6 years after the accelerated due date if the loan was accelerated (11 M.R.S.A. § 3-1118). Contracts under seal have a 20-year limit, subject to that note rule (14 M.R.S.A. § 751). Which period applies to a foreclosure depends on the claim and the documents. Consult a local attorney.

Written Contracts

6 years

Promissory Note

6 years §

Deficiency Judgment

Varies §

Under 14 M.R.S.A. § 6324, the lender must file its report of sale within the earlier of 90 days after the public sale or 45 days after delivering the deed (the court can extend this for good cause on a motion filed before the deadline); if it does not file on time, it has no right to seek a deficiency judgment.

Probate & Inheritance in Maine

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Maine law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies

State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.

Notification to Estate

The lender must notify the estate or personal representative before proceeding.

Foreclosure must be served on the personal representative or estate of a deceased borrower.

Heir Protections

Heirs who inherit and occupy the property as a primary residence may qualify as successors in interest under 12 CFR 1024.31 and apply for loss mitigation.

Executor Reinstatement Rights

The executor or personal representative may reinstate the mortgage by curing the default.

Garn-St. Germain Act

Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as a primary residence under Garn-St Germain, 12 U.S.C. 1701j-3.

Uniform Partition of Heirs Property Act (UPHPA)

Not adopted in this state.

Consumer Protection & Compliance in Maine

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Maine.

UDAP Statute

Maine Unfair Trade Practices Act §

Prohibits deceptive and unfair business practices.

Foreclosure Rescue Fraud Laws

No specific foreclosure rescue fraud statute.

General consumer protection under 5 M.R.S.A. § 207 et seq. covers deceptive foreclosure rescue practices.

Attorney Advertising Rules

Maine Rules of Professional Conduct govern attorney advertising and solicitation.

Lead Generation Restrictions

No Maine-specific lead generation statute for foreclosure defense identified beyond professional conduct rules and general consumer protection.

Barratry

Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.

Maine professional conduct rules prohibit in-person solicitation of prospective clients in vulnerable circumstances.

Legal Aid & Pro Bono Resources in Maine

⚖

Pine Tree Legal Assistance

Free civil legal services for low-income Maine residents, including housing and foreclosure defense. Can represent borrowers in Foreclosure Diversion mediation. Income eligibility requirements apply.
ptla.org →
🏠

HUD-Approved Housing Counselors

Free, federally funded housing counseling agencies in Maine. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
Find a counselor in Maine →
📞

HUD Housing Counseling Hotline

Free foreclosure prevention counseling.
1-800-569-4287 →
📞

Pine Tree Legal Assistance

Free legal assistance for low-income Maine residents statewide. Can assist with Foreclosure Diversion mediation.
207-774-8211 →
📞

MaineHousing

State housing programs and homeownership preservation referrals.
207-626-4600 →
📞

Maine Attorney General Consumer Protection Division

Report mortgage fraud and consumer protection violations.
207-626-8800 →
📞

Maine 2-1-1

Statewide referral service for housing, utility (LIHEAP), and social service assistance.
2-1-1 →
📋

Maine State Bar Association Lawyer Referral Service

State bar lawyer referral service.
mainebar.org →
🎓

Maine Volunteer Lawyers Project

Provides pro bono legal representation for qualifying low-income residents including housing matters. Coordinated through the Maine Justice Foundation.
vlp.org →

Find Help in Maine

We maintain a verified directory of free and low-cost help providers in Maine. All are government-approved or federally funded.

7 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 42 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 45 Debtor education providers Required post-filing debtor education courses

Browse all 95 providers in Maine →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Maine.

Facing Foreclosure?

Overview of the process, available options, and free help resources

How to Stop Foreclosure

Immediate options — forbearance, modification, legal aid, bankruptcy

Your Rights in Foreclosure

Federal protections under CFPB Regulation X and loss mitigation rules

How Foreclosure Works

Stage-by-stage walkthrough from missed payments to sale

Behind on Your Mortgage?

Options for borrowers who have missed or expect to miss a payment

Bankruptcy & Foreclosure

How Chapter 7 and Chapter 13 can stop or delay foreclosure

Maine Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Maine homeowners:

Foreclosure Filings

National trend

National foreclosure filings. Maine mainly uses judicial foreclosure (through the courts).

FHA mortgage delinquency

FHA delinquency rate

Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.

Foreclosure volume

Foreclosure starts & completions

Monthly foreclosure starts and completions from ATTOM Data Solutions.

Newly late mortgages

Current to 30 days late

Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).