- Who sends it
- The court, after a trial, a motion or an agreement (stipulation) between you and the lender
- What it starts
- 21 days to appeal, and a 90-day redemption period from the judgment if no appeal is taken
- Do this first
- Write the 90th day on your calendar and call a lawyer or Pine Tree Legal Assistance the same day
What this judgment is in Maine
After a hearing, the court decides whether you broke the terms of the mortgage, how much is due including reasonable attorney's fees and court costs, and the order in which other lienholders get paid. If it finds a breach, it issues a judgment of foreclosure and sale (14 M.R.S. § 6322).
The judgment says that if you do not pay the amount the court found due, with interest, within the period of redemption, the lender will hold a sale. For mortgages signed on or after October 1, 1975, that period is 90 days from the date of the judgment. It starts when the judgment is entered, as long as no appeal is taken.
For how this kind of document works in every state, see the national guide: Judgment of foreclosure and sale.
What it does and does not mean
- It is not an eviction. For a home you live in, a writ of possession cannot issue until the redemption period ends (14 M.R.S. § 6322). The court says you can stay in the home during the 90 days.
- It is not a sale date. The sale can only be advertised after the 90 days run out (14 M.R.S. § 6323).
- If you pay the full judgment amount with interest within the 90 days, the lender must discharge the mortgage and file a dismissal of the case.
- Until the redemption period ends, a payment the lender accepts on the debt waives the foreclosure unless you signed a written agreement saying otherwise or the money is returned within 10 days (14 M.R.S. § 6321).
- A judgment you agreed to (a stipulation to judgment) cannot be appealed, the Maine courts say.
The deadlines it starts and how to count them
- Appeal: the side that lost can appeal within 21 days after the judgment is entered, according to the Maine courts. Count from the entry date on the docket, not the day the copy reached you.
- Redemption: count 90 calendar days from the date the judgment was entered. If an appeal is taken, the 90 days do not start until the appeal ends.
- Older mortgages: for a mortgage signed before October 1, 1975, the redemption period is one year unless the mortgage says otherwise (14 M.R.S. § 6322).
- When the 90 days end without payment, your remaining right to possession ends (14 M.R.S. § 6323). Plan for that date now.
See Maine after the foreclosure sale for what follows.
What to do this week
- Read the judgment for the total amount due and the entry date. Ask the lender's lawyer in writing for a payoff figure good through the 90th day.
- If you want to keep the home, look at a refinance, family help or a sale of the home to pay the judgment before the 90 days end.
- If you think the judgment is wrong, call a lawyer or Pine Tree Legal Assistance right away about an appeal. The 21 days go fast.
- If you will move, start planning now. Ask the lender in writing whether it will give you time or money to leave.
- Read the options on how to stop foreclosure in Maine.
Free help in Maine and scam warnings
Pine Tree Legal Assistance and the Maine State Bar Association Lawyer Referral Service can explain your choices. The Foreclosure Prevention Hotline at 1-888-664-2569 connects you with a free housing counselor. See the Maine foreclosure help page.
- Judgments are public. Expect offers to buy your home fast. A Maine foreclosure purchaser must be licensed, and you can cancel its contract until midnight of the fifth business day after signing or 8:00 a.m. on the last day of the redemption period, whichever comes first (32 M.R.S. § 6195).
- If your home is worth more than the judgment, selling it yourself before the sale may protect your equity. Talk to a lawyer before signing any deal.
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
Can I stay in my Maine home after the foreclosure judgment?
Yes, during the redemption period. For a home covered by the right to cure law, a writ of possession cannot issue until the redemption period ends (14 M.R.S. § 6322), and the Maine courts say you can stay in the home during the 90 days.
How much do I have to pay to redeem?
The amount the court found due in the judgment, with interest (14 M.R.S. § 6322). Ask the lender's lawyer for a written figure good through the day you plan to pay.
Can I still save the home after the 90 days?
Only if the lender agrees. After redemption ends and before the sale, the lender may, in its sole discretion, let you redeem or reinstate. A reinstatement needs your written consent and a stipulation of dismissal filed with the court (14 M.R.S. § 6323).
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.
- 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.
- 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.