Right to cure — at least 35 days’ notice before a foreclosure
Me. Rev. Stat. tit. 14, § 6111(1), (1-A)
In plain words
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.
Who is protected
Maine mortgagors (and cosigners) on primary residences.
When it applies
- Only in Maine.
- Only while you are behind but have no foreclosure notice yet or after a notice of default.
- Only if the home is your primary residence.
What you can do
Put the deadline on your calendar
Mark the notice date and pay the cure amount before day 35 if you can.
Deadline: 35 days after the right-to-cure notice
Open the toolAsk in writing
Ask the lender in writing to confirm the exact cure amount.
Open the toolRead the Maine guide
Our Maine page explains the whole process step by step, with its sources and free local help.
Open the tool
Honest limits
- After the cure period, reinstatement is only by the lender’s agreement.
- 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 lawNotice of right to cure
Me. Rev. Stat. tit. 14, § 6111(1), (1-A)
Exact part: (1), (1-A)
What it says: No acceleration or foreclosure until at least 35 days after written notice of the right to cure.
Read the official texthttps://legislature.maine.gov/statutes/14/title14sec6111.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 answer the case, and 90 days to redeem after judgment
Me. Rev. Stat. tit. 14, § 6322
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.
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 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 rightChapter 13: catch up on missed mortgage payments over time
11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this right