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Maine · Weigh your options

What happens after a foreclosure sale in Maine

Maine is different from most states because the redemption period comes before the sale, not after it. Once the public sale is held, you cannot buy the home back. What matters after the sale is moving out, the lender's report of the sale, any deficiency and any surplus money owed to you.

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Reviewed against Maine law and official sources on October 12, 2026. General information, not legal advice.

What happens after the sale in Maine, in order

  1. The sale and the deed

    The day bids are received

    The lender sells to the highest bidder and may bid itself. It gives the buyer a deed and any writ of possession, which ends the rights of everyone joined in the case. There is no right to buy the home back after this.

    14 M.R.S. §§ 6322, 6323

  2. Leaving the home

    Your right to possession ended when the 90 days ran out

    Once redemption ends, the lender can get a writ of possession from the foreclosure case and hand it to the buyer. Plan your move before the sale. If you need more time, ask the buyer or lender in writing, and call Pine Tree Legal Assistance if you are told to leave.

    14 M.R.S. §§ 6322, 6323

  3. Report of sale mailed to you

    By the earlier of 90 days after the sale or 45 days after the deed

    The lender must file a report of the sale and how the money was paid out with the court and mail you a copy. Keep it. It shows whether there was surplus or a shortfall.

    14 M.R.S. § 6324

  4. Challenge the report

    Within 30 days after you receive the report

    You can file a motion asking the court to review the money figures. This challenge is only about money and cannot undo the sale.

    14 M.R.S. § 6324

  5. Deficiency

    Decided in the same court case

    Any shortfall can be charged to you. If the lender bought the home, the shortfall is limited to the debt plus sale costs minus the home's appraised fair market value. If the lender files its report late, it loses the right to seek a deficiency.

    14 M.R.S. §§ 6323, 6324

  6. Surplus money

    Paid out after the sale; held 6 months by the clerk if you never appeared

    Money left after costs and the judgment belongs to you or your heirs. If you never appeared in the case, the clerk of courts holds it for 6 months and then sends it to the State Treasurer as unclaimed property. You do not need to pay a finder to claim it.

    14 M.R.S. § 6324

The three questions that matter after a sale

Can I get the home back in Maine?

Limited redemption

Maine's redemption period comes before the sale, not after it. For mortgages signed on or after October 1, 1975, you have 90 days from the date of the foreclosure judgment to pay the full judgment amount, as long as no appeal is taken. Once that period ends your right to possession ends, and there is no right to buy the home back after the public sale.

14 M.R.S. §§ 6322, 6323

Can the lender come after me for the rest?

Limited

The lender can get a deficiency against you in the same court case. If the lender itself buys the home at the sale, the deficiency is limited to the gap between what the court found you owed, plus sale costs, and the fair market value of the home at the time of the sale as shown by an independent appraisal. The lender must file its report of the sale with the court within 90 days after the sale or 45 days after it delivers the deed to the buyer, whichever comes first, unless the court extends the time for good cause. If it misses that deadline, it loses the right to seek a deficiency judgment.

14 M.R.S. § 6324

What if the home sold for more than I owed?

After sale costs and the amounts in the judgment are paid, any surplus must be paid to you or your heirs. If you never appeared in the court case and had no lawyer in it, the surplus is paid to the clerk of courts, who holds it in escrow for six months. If no one claims it by then, the clerk pays it to the Treasurer of State, where it is handled as unclaimed property. The lender must file a report of the sale with the court and mail you a copy.

14 M.R.S. § 6324

Common questions in Maine

Can I buy my Maine home back after the foreclosure sale?

No. Maine gives you a 90-day redemption period after the judgment, before the sale. Once that ends and the sale is held, the buyer's deed cuts off your rights. If you want to keep the home, act during the 90 days.

How do I claim surplus money from a Maine foreclosure sale?

If you appeared in the case, the lender pays the surplus as the judgment directs and must send you a report of the sale. If you never appeared, the clerk of courts holds the money for 6 months, then it goes to the State Treasurer as unclaimed property. Ask the clerk or Pine Tree Legal Assistance how to claim it.

If my Maine lender buys the house cheaply, do I owe the difference?

Possibly, but Maine limits it. When the lender is the buyer, the shortfall is figured using the home's fair market value from an independent appraisal, not the low bid. The lender also loses the right to a deficiency if it does not file its report of sale on time.

Step by step

More on foreclosure in Maine

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

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Sources for this page

  1. 14 M.R.S. § 6111, Notice of mortgagor's right to cure
  2. 14 M.R.S. § 6321, Commencement of foreclosure by civil action
  3. 14 M.R.S. § 6321-A, Foreclosure mediation program
  4. 14 M.R.S. § 6322, Hearing and judgment (redemption period)
  5. 14 M.R.S. § 6323, Sale following expiration of period of redemption
  6. 14 M.R.S. § 6324, Proceeds of sale
  7. 32 M.R.S. ch. 80-B, Foreclosure Purchasers
  8. 32 M.R.S. § 6195, Cancellation
  9. 32 M.R.S. § 6198, Prohibited practices
  10. Maine Judicial Branch, Foreclosure Diversion Program
  11. Maine Judicial Branch, Foreclosure help
  12. Maine Bureau of Consumer Credit Protection, Foreclosure Resources
  13. MaineHousing, After Helping Thousands, Maine HAF Program Draws To A Close