- Who sends it
- The lender's lawyer, served on you by a sheriff or by mail with a receipt you sign
- What it starts
- 20 days after service to file an answer or the one-page response and mediation request
- Do this first
- Fill out the Response to Complaint and Request for Mediation form and get it to the court clerk within 20 days
What these papers are in Maine
Every Maine home foreclosure is a civil lawsuit in the District Court or Superior Court for the area where the home is (14 M.R.S. § 6321). The summons tells you that you have been sued. The complaint states the amount the lender says is due, the street address, the book and page of the mortgage, and the default it is relying on.
The complaint must certify proof that the lender owns the note and include evidence of the note, the mortgage and every assignment and endorsement. It must also certify and show that every step of the notice of right to cure was strictly followed.
If you live in the home as your primary residence and it has 4 units or fewer, the lender must attach a one-page form notice to the front of the complaint (14 M.R.S. § 6321-A(2)). It explains that failing to answer will lead to foreclosure, gives a sample answer you can fill in and mail back in the envelope provided, and describes the mediation program. The court calls it the Response to Complaint and Request for Mediation form.
Under Maine's court rule for foreclosure mediation, the lender must also serve you a set of financial forms with an envelope addressed to its lawyer, so it can review you for options other than foreclosure (M.R. Civ. P. 93(c)(4)).
For how this kind of document works in every state, see the national guide: Foreclosure summons and complaint.
What it does and does not mean
- It is not an eviction and not a sale date. The Maine courts say that filing a case does not let the lender take the home or make you move.
- The lender must prove its case. If it does not own the note or did not strictly follow the cure notice law, the court should not enter judgment.
- The lender will record a copy of the complaint, or a clerk's certificate, at the registry of deeds within 60 days. That is public notice of the case.
- Once the case starts, if the lender accepts any payment, the foreclosure is waived unless you signed a written agreement saying otherwise or the money is returned within 10 days (14 M.R.S. § 6321). That is why servicers often send back partial payments after you are served.
- You and the lender can still agree to a payment plan while the case is put on hold (14 M.R.S. § 6321).
The deadline it starts and how to count it
- You must serve an answer within 20 days after the summons and complaint are served on you (M.R. Civ. P. 12(a)). Count 20 calendar days from the day the sheriff handed you the papers or the day you signed the mail receipt.
- M.R. Civ. P. 93(c)(1) says you may answer with the one-page form approved by the Bureau of Consumer Credit Protection, or with a formal answer that also asks for mediation. Either way, file it with the court and send a copy to the lender's lawyer.
- If you ask for mediation or appear within the 20 days but do not file an answer, mediation is still scheduled, and your deadline to answer moves to 20 days after the final mediator's report is filed (M.R. Civ. P. 93(c)(1)).
- If you miss the 20 days, do not give up. The court says to send in a written response or mediation request anyway, because you may still be able to take part as long as you have not been defaulted.
See how long foreclosure takes in Maine for what comes after this.
What to do this week
- Write down the date you were served and the 20th day after it.
- Fill out the Response to Complaint and Request for Mediation form. Check every paragraph you disagree with or do not know about. Mail it or bring it to the clerk at the court named in the papers.
- Keep a copy of everything you file and send a copy to the lender's lawyer.
- Start filling out the financial forms that came with the complaint. In mediation you will have to provide the requested papers no later than 21 days after the first session (M.R. Civ. P. 93(c)(5)).
- Call Pine Tree Legal Assistance or a lawyer to check whether the cure notice and the ownership papers meet Maine law. Read how to stop foreclosure in Maine.
Free help in Maine and scam warnings
The Foreclosure Diversion Program at (207) 822-0706 answers general questions about mediation. The court's foreclosure help page explains each step. Pine Tree Legal Assistance helps people with low incomes, and the Maine State Bar Association Lawyer Referral Service can find you a private lawyer. The Foreclosure Prevention Hotline at 1-888-664-2569 connects you with a free HUD-approved counselor. See the Maine foreclosure help page and Maine foreclosure mediation.
- Court filings are public, so expect mail from companies offering to save your home. You do not need to pay anyone to request mediation; the form is in your court papers.
- Do not sign over your deed to someone who promises you can rent it back. Maine foreclosure purchasers must be licensed and give you a written contract you can cancel (32 M.R.S. §§ 6191 to 6200).
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
Is the one-page mediation form enough to answer a Maine foreclosure complaint?
Yes. 14 M.R.S. § 6321-A(2) says that if you return the form to the court, you do not need to file a more formal answer and you will be scheduled for mediation. M.R. Civ. P. 93(c)(1) says the same. You can also file a full answer that raises defenses.
Who qualifies for Maine foreclosure mediation?
Owner-occupants of a home with 4 or fewer units, or a condominium unit, that is their primary residence. Vacation homes, second homes and commercial properties do not qualify, the Foreclosure Diversion Program says.
Why did my servicer send back my payment after I was served?
Under 14 M.R.S. § 6321, accepting money after the case starts waives the foreclosure unless you sign a written agreement saying it does not, or the payment is returned within 10 days. Ask about a written payment agreement with the case on hold instead.
What if I missed the 20-day deadline?
Send a written response or mediation request to the clerk right away. The Maine courts say you may still be able to take part, and M.R. Civ. P. 93(c)(1) lets the court schedule mediation for a homeowner who was late but has not been defaulted.
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 Mediation Scheduling Notice (Informational Session and first mediation)This notice from the court clerk sets the date, time and place of your Informational Session and first mediation session in the Foreclosure Diversion Program. Mediation must usually be finished within 90 days after the notice is sent, and no final foreclosure judgment can be entered until the mediator's report is done. Missing a session can send your case back to the regular court schedule.
- 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.