Right to answer the case, and 90 days to redeem after judgment
Me. Rev. Stat. tit. 14, § 6322
In plain words
Maine home foreclosures go through court, so you can answer the complaint and raise defenses. If the court enters a foreclosure judgment, you still have 90 days from the judgment to redeem (pay what the judgment says) before the home can be sold. The sale must be advertised and mailed to you before it happens.
Who is protected
Mortgagors in Maine foreclosure cases.
When it applies
- Only in Maine.
- Only after a notice of default or once a sale date is set.
What you can do
Put the deadline on your calendar
Mark the judgment date and plan to redeem, sell or negotiate before day 90.
Deadline: 90 days after the foreclosure judgment
Open the toolCompare your options
Compare redeeming, selling, or negotiating a deed in lieu during the 90 days.
Open the tool
Honest limits
- There is no redemption after the sale itself.
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawJudgment; 90-day redemption period
Me. Rev. Stat. tit. 14, § 6322
What it says: For most mortgages, the period of redemption is 90 days from the date of the judgment.
Read the official texthttps://legislature.maine.gov/statutes/14/title14sec6322.html
Court cases
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
Right to foreclosure mediation for owner-occupied homes
Me. Rev. Stat. tit. 14, § 6321-A
Maine’s Foreclosure Diversion Program offers court mediation in home foreclosure cases. The lender must attach a plain-language notice to the front of the complaint explaining how to answer and ask for mediation. If you ask for it on the answer form, a mediation session is scheduled with the lender.
Read this rightRight to cure — at least 35 days’ notice before a foreclosure
Me. Rev. Stat. tit. 14, § 6111(1), (1-A)
Before a Maine lender can accelerate your loan or start foreclosure on your primary residence, it must send you a written notice of your right to cure the default by paying what is due. The lender cannot go forward until at least 35 days after that notice. Maine’s consumer credit bureau then sends you information about your rights and the mediation program.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightPause a court case while on military duty
50 U.S.C. § 3932(b)(1)
If you are in military service and get sued, the court must pause the case for at least 90 days if you ask and show that your duty keeps you from appearing. Before a court can enter a default judgment against you, the other side must file a sworn statement saying whether you are in the military, and the court may appoint a lawyer for you.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this right