- Who sends it
- The lender (mortgagee) or its lawyer, in the newspaper and by regular mail to parties who appeared in the case
- What it starts
- A sale 30 to 45 days after the first newspaper ad, unless postponed
- Do this first
- Call the lender's lawyer named in the notice to confirm the date, then call Pine Tree Legal Assistance
What this notice is in Maine
When the redemption period ends without payment, any remaining right you have to possession ends, and the lender must advertise a public sale (14 M.R.S. § 6323(1)). The notice states the time, place and terms of the sale. It is published once in each of 3 weeks in a row in a newspaper of general circulation in your county, and the first ad must run no more than 90 days after the redemption period ended.
In court cases started on or after January 1, 1995, the lender must also mail the notice by regular mail to every party who appeared in the case, or to their lawyers, at least 30 calendar days before the sale (14 M.R.S. § 6323(2)). If you never appeared, you may not get a mailed copy, so watch the newspaper.
For how this kind of document works in every state, see the national guide: Notice of trustee's sale.
What it does and does not mean
- It follows the judgment of foreclosure and sale. The court case is already decided.
- Your legal right to redeem has ended, but the lender may, in its sole discretion, still let you pay off the loan or reinstate it before the sale. A reinstatement needs your written consent and a stipulation of dismissal signed by both sides and filed with the court (14 M.R.S. § 6323(1)).
- The lender sells to the highest bidder and may bid itself. The buyer gets a deed and any writ of possession that has issued.
- Missing the mailed copy does not by itself undo the sale (14 M.R.S. § 6323(2)).
- There is no right to buy the home back after the sale.
The deadlines it sets and how to count them
- The sale must be held no fewer than 30 and no more than 45 days after the first newspaper ad, except when the federal loss mitigation rule in 12 C.F.R. § 1024.41 requires otherwise. Count calendar days from the first publication date.
- The mailed notice must go out at least 30 calendar days before the sale.
- The sale can be adjourned for up to 60 days by announcement to those present, and adjourned further to follow 12 C.F.R. § 1024.41. The court can also extend the deadlines for good cause if the lender asks before they pass (14 M.R.S. § 6323(1), (3)).
- If your servicer receives a complete loss mitigation application more than 37 days before the sale, federal rules generally bar it from holding the sale while it reviews the application (12 C.F.R. § 1024.41(g)).
See Maine foreclosure sale date set for last-minute options.
What to do this week
- Find the first publication date and count 30 and 45 days from it. Check that the sale date falls in that window.
- Call the lender's lawyer named in the notice to confirm the date, time and place. Ask again the day before.
- Ask the servicer and the lender's lawyer in writing whether they will postpone the sale, allow a payoff or allow a reinstatement. Send proof of any refinance, buyer or new application.
- If you have not had a full review, send a complete loss mitigation application now, while you are more than 37 days out.
- Plan your move. Read Maine after the foreclosure sale.
Free help in Maine and scam warnings
Call Pine Tree Legal Assistance or a lawyer through the Maine State Bar Association Lawyer Referral Service to check the dates in your case. The Foreclosure Prevention Hotline at 1-888-664-2569 can still connect you with a counselor. See the Maine foreclosure help page.
- Sale ads draw buyers and scammers. Anyone who promises to stop the sale for a fee, or asks you to sign over your deed, is a warning sign.
- Maine foreclosure purchasers must be licensed and may not claim to be your advisor or consultant (32 M.R.S. § 6198).
- If the home sells for more than you owe, the extra belongs to you. You do not need to pay a finder to claim it. See Maine surplus funds.
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 soon after the first newspaper ad can a Maine foreclosure sale happen?
No sooner than 30 days and no later than 45 days after the first publication, unless the federal loss mitigation rule requires a different date, the sale is adjourned, or the court extends the time (14 M.R.S. § 6323).
Will I get the notice in the mail?
Only if you appeared in the court case, by filing a response or through a lawyer. The lender must mail notice to parties who appeared, or their lawyers, at least 30 calendar days before the sale (14 M.R.S. § 6323(2)).
Can I still catch up after the redemption period?
Only if the lender agrees. Maine law lets the lender, in its sole discretion, allow redemption or reinstatement after the redemption period and before the sale (14 M.R.S. § 6323(1)). Get any agreement in writing.
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.
- 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.
- 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.