- Who sends it
- The court clerk, after you return the mediation request form, ask for mediation or appear in the case
- What it starts
- A mediation period that generally must end within 90 days after the notice is sent
- Do this first
- Put both dates on your calendar and call a free HUD-approved counselor to help gather your papers
What this notice is in Maine
When your case enters the Foreclosure Diversion Program, the clerk must send a scheduling notice listing the date, time and location of the Informational Session and the first mediation session (M.R. Civ. P. 93(e)(1)). The court's help page calls this "First Call Day." The place may be a different courthouse from where the case was filed, or the session may be on Zoom.
At the Informational Session, a judge explains the court process and a HUD-certified housing counselor explains how to work with your lender. Then you meet the lender's lawyer and a neutral mediator. The mediator does not take sides or decide the case.
Maine law requires the lender, its lawyer, you and your lawyer, if you have one, to take part. The lender must have someone with authority to agree to a settlement, modification or dismissal, though that person may join by phone or video if its lawyer is there with authority (14 M.R.S. § 6321-A(11); M.R. Civ. P. 93(h)).
For how this kind of document works in every state, see the national guide: Foreclosure mediation notice.
What it does and does not mean
- Mediation can cover reinstatement, a loan modification, restructuring the debt, a short sale or a deed in lieu, and whether the lender owns the note and how much is owed (M.R. Civ. P. 93(g)).
- The parties must complete a net present value worksheet or a similar calculation, and the mediator's final report must show the result if there is no settlement (14 M.R.S. § 6321-A(13)).
- While the case is in mediation, the lender cannot file motions asking the court to decide the case until 5 days after the final mediator's report, and no final judgment can enter until the report is done (M.R. Civ. P. 93(d); 14 M.R.S. § 6321-A(9)).
- Taking part does not waive any of your rights or defenses (14 M.R.S. § 6321-A(5)).
- Your financial information shared in mediation is confidential and not open to the public (14 M.R.S. § 6321-A(4)).
The deadlines it starts and how to count them
- Mediation must be completed within 90 days after the clerk sends the scheduling notice, unless the parties agree or the court extends it (M.R. Civ. P. 93(e)(2)). Count calendar days from the date on the notice.
- You must give the lender's lawyer and the court the forms and papers the lender identifies at mediation no later than 21 days after the first mediation session (M.R. Civ. P. 93(c)(5)). If you do not, the lender can ask to send the case back to the regular docket.
- If you cannot attend, you must ask the court in writing for a new date before the deadline in the notice, with a copy to the lender. The court's form is the Motion to Continue Mediation in Foreclosure Action (FDP-004). Until you hear that it was granted, go as scheduled.
- The mediator files a report within 7 days after each session and gives you a copy (M.R. Civ. P. 93(n)). Read it before you sign it.
What to do this week
- Call the Foreclosure Prevention Hotline at 1-888-664-2569 to reach a free HUD-approved counselor before your session.
- Start gathering what the court suggests: every letter from the lender, even unopened ones; your court papers; recent pay stubs or other income proof; your last two months of bank statements; and last year's tax return.
- Think about your goal: keep the home, or move out on your own terms. Know roughly what the home is worth and what you owe.
- If you have a lawyer, your lawyer must attend with you. You do not need a lawyer to mediate.
- Read Maine foreclosure mediation for how the program works.
Free help in Maine and good faith rules
For questions about the program, call the Foreclosure Diversion Program at (207) 822-0706 or email FDMP@courts.maine.gov. Pine Tree Legal Assistance and the Maine State Bar Association Lawyer Referral Service can help with legal questions. The court says about 60 percent of cases mediated since 2010 have ended without a foreclosure.
- If the lender or its lawyer does not show up or does not make a good faith effort, the mediator tells the court. Sanctions can include stopping interest and charges, fees, or dismissal of the case (M.R. Civ. P. 93(j)).
- The same rules apply to you. Missing the Informational Session or a mediation can send your case back to the regular docket without any motion (M.R. Civ. P. 93(c)(5)).
- No one needs to be paid to represent you in this program. Be wary of anyone who asks for a fee to "handle" your mediation; a HUD-approved counselor is free.
The rest of the Maine process
See how foreclosure works in Maine, the timeline, ways to stop it and free help in Maine, or read the national guide to this letter.
Common questions
How long does Maine foreclosure mediation last?
M.R. Civ. P. 93(e)(2) says mediation must be completed within 90 days after the clerk sends the scheduling notice, unless the parties agree otherwise or the court extends it. Follow-up sessions are scheduled when the mediator's report says another one is needed.
What if mediation ends without a deal?
The case usually goes back on the court's docket. If you and the lender want to keep working on a deal, you can both file a Joint Motion to Stay Foreclosure Action Following Mediation (FDP-10), the court says. You can settle at any time, even at trial.
Does the lender have to send a real decision maker?
Yes. 14 M.R.S. § 6321-A(11) requires the lender to take part with authority to agree to a settlement, modification or dismissal. It may join by phone or video only if represented by someone with that authority.
Other Maine letters
- Notice of Default and Right to CureIn Maine, your lender cannot speed up the loan or start a foreclosure case until at least 35 days after it gives you a written notice of your right to cure. If you pay the past due amount in the notice by its deadline, the loan goes back to normal as if the default never happened. A second letter from the state usually follows within days.
- Foreclosure Summons and Complaint, with the Response to Complaint and Request for Mediation formThe summons and complaint start the court case your lender must win before it can sell your Maine home. A one-page Response to Complaint and Request for Mediation form is attached to the front. Returning it within 20 days after you are served counts as your answer and gets you into court mediation if you live in the home.
- Judgment of Foreclosure and SaleA Maine judgment of foreclosure and sale says the lender won the court case and states how much you owe. It does not end your ownership that day. For most mortgages you then have 90 days to pay the judgment amount and keep the home, and you can stay there during that time.
- Notice of Public SaleA Maine notice of public sale gives the time, place and terms of the auction of your home after the redemption period has ended. It runs in a local newspaper once a week for 3 weeks, and if you appeared in the court case it must be mailed to you at least 30 days before the sale. Your right to redeem has ended, but the lender can still agree to let you pay off or catch up.
- Report of SaleThe report of sale shows what your home sold for and how the money was paid out. The lender must file it with the court and mail you a copy. You have 30 days after you receive it to challenge the accounting, and it decides whether you are owed surplus money or face a deficiency.