If you miss a mortgage payment in Maine, a foreclosure won't immediately start. Instead, federal law generally requires lenders to wait at least 120 days before starting the foreclosure process. This pause gives you time to explore alternatives like a repayment plan or mortgage modification that could help you stay in your home.
Maine's foreclosure laws can also help you avoid losing your home. For instance, you can participate in an alternative dispute resolution process (foreclosure mediation). Foreclosure mediation involves an informal meeting between you, your lender, and a neutral mediator to discuss ways to resolve your payment delinquency. This process can help you find a mutually beneficial solution to the situation other than a foreclosure.
In this article, you’ll learn about the Maine foreclosure process and homeowner rights.
120-Day Waiting Period Before Foreclosure
If you get behind on your house payments, the bank can “foreclose” the mortgage. In a foreclosure, the bank sells your home at auction and uses the proceeds to repay the loan.
Under federal law, the foreclosure typically can't start until you're more than 120 days delinquent on your house payment. During this time, you can apply for “loss mitigation” (foreclosure avoidance) options, also known as a loan workout. If you don’t apply or don’t qualify for a workout, the foreclosure can officially begin under procedures allowed by Maine law.
Preforeclosure Requirements in Maine
Before officially starting the foreclosure, the bank has to send the borrower a notice. The notice must explain that the borrower has 35 days to get caught up on the missed payments ("cure the default") and prevent the foreclosure. Also, the notice must include information about options other than foreclosure. (Me. Rev. Stat. tit. 14, § 6111 (2025).)
Next, the bank will file a statement with the Bureau of Consumer Credit Protection. In turn, the bureau sends a notice to the borrower that includes a rundown of the owner’s foreclosure rights and available resources, including information about Maine’s foreclosure diversion program, an alternative dispute resolution process. (Me. Rev. Stat. tit. 14, § 6111 (2025).)
Maine Judicial Foreclosure Procedures
All Maine foreclosures go through a court process. The foreclosure starts when the bank files a lawsuit and provides notice of the suit by serving you with a copy of the summons and complaint. These are the first legal documents filed in the litigation process.
You get 20 days to file a response to the complaint with the court. You can answer using the blank form you’ll receive along with the summons and complaint, as well as opt into the foreclosure diversion (mediation) program.
If you don’t respond, you’ll automatically lose the case. The court will enter a default judgment allowing the bank to sell your home to pay off the mortgage debt. If you do answer, the court will consider any defense you might set forth. Ultimately, the court will decide the outcome of your case, most likely after hearing a motion for summary judgment (a motion alleging that there is no actual dispute in the case) or after a trial. If the bank wins, the judge will enter a judgment allowing a foreclosure sale to go forward.
But the sale can’t occur until after a redemption period elapses (see below). After the redemption period passes, the bank will publish a notice of sale in a newspaper once a week for three weeks and mail a notice of sale to everyone who appeared in the foreclosure action (or their attorneys) at least 30 calendar days before the sale.
Homeowners’ Rights in Maine
In Maine, homeowners can participate in the state’s foreclosure diversion program—an informal process that can help the owner avoid foreclosure. Maine law also gives owners other options: They can "reinstate" (resume making payments under) the mortgage by bringing it current or "redeem" the home before the sale by paying off the total amount due on the loan plus interest, fees, and costs.
Foreclosure Diversion (Mediation) Program
Maine’s foreclosure diversion program (a foreclosure mediation program) allows homeowners to meet with the bank and an impartial mediator to try to work out a way to keep the home or, as an alternative, give up the home without going through foreclosure. This program is available to "owner-occupants," meaning that you don't qualify for the program if you don’t live in the home and have no plans to live there. To sign up, you can send in the form included with the foreclosure complaint, file an answer to the suit, or write a letter to the court asking to participate in the program. (Me. Rev. Stat. tit. 14, § 6321-A (2025).)
Right to Reinstate the Mortgage
With a mortgage reinstatement, the borrower can stop the foreclosure by paying all missed payments, plus fees and costs, in one payment before the sale. After you reinstate the loan, you resume making regular mortgage payments. The foreclosing party and the borrower can agree to reinstate any time before the sale, and the foreclosure can’t move forward if you stay current. (Me. Rev. Stat. tit 14, §§ 6321, 6323 (2025).) Most agreements allow the bank to resume the foreclosure if you fall behind.
Right of Redemption Before the Foreclosure Sale
In some states, a homeowner can reclaim their property after a foreclosure sale by "redeeming" it (paying off the entire unpaid loan balance, fees, and costs). Maine law doesn't provide a right to redemption in the traditional meaning of the term. Instead, you can pay off the entire loan plus fees and costs during the 90-day redemption period that takes place before the sale. (Me. Rev. Stat. tit. 14 § 6322 (2025).)
In addition, you can redeem the property after the redemption period expires but before the sale takes place, if the bank allows it. (Me. Rev. Stat. tit. 14 § 6323
Deficiency Judgments After a Maine Foreclosure
If the home sells at the foreclosure sale for an amount less than you owe on the mortgage loan, a deficiency balance occurs. In Maine, the bank can get a personal judgment, called a "deficiency judgment," against the borrower for the deficiency balance as part of the foreclosure action. (Me. Rev. Stat. tit. 14, § 6323 (2025).)
If the foreclosing party purchases the property at the foreclosure sale, the deficiency amount is limited to the difference between the home’s fair market value at the time of the sale and the total outstanding mortgage debt, including interest and expenses incurred as a result of the sale. (Me. Rev. Stat. tit. 14, § 6324 (2025).)
If the bank receives a deficiency judgment and you don’t have the money to pay for it, you might want to consider wiping it out by filing for bankruptcy, especially if you have a lot of other debts that could be discharged.
Finding Maine’s Foreclosure Laws
To find Maine’s foreclosure laws, visit the Maine Revised Statutes (Title 14, sections 6101 through 6326). Statutes change, so checking them is always a good idea. How courts and agencies interpret and apply the law can also change. And some rules can even vary within a state. These are just some reasons to consider consulting an attorney if you’re facing a foreclosure.
If you aren’t sure about your rights or aren’t comfortable reading the law on your own, you should talk to a foreclosure attorney.