United States — Maine Act or statute

United States — Maine legislation

Maine Revised Statutes, Title 14, § 6322: Hearing and judgment, 1975

After a hearing, the court decides whether there was a mortgage breach and what amounts are due. If breach is found, foreclosure and sale follow unless the debt is paid within the redemption period;…

Source excerpt

foreclosure procedurejudgment and saleredemption period

Jurisdiction: United States — Maine
Structure: 1 provisions
Official identity: Year 1975
Dates: Enacted 1975 · Source version 1 Oct 2025

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Dates: Enacted 1975 · Source version 1 Oct 2025

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“After a hearing, the court decides whether there was a mortgage breach and what amounts are due. If breach is found, foreclosure and sale follow unless the debt is paid within the redemption period; if paid, the mortgagee must discharge the mortgage and dismiss the foreclosure action.”

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Hearing and judgment

Section 6322

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Source record from legislature.maine.gov · Enacted 1975 · Source version 1 Oct 2025

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§ 6322Hearing and judgmentProvision

Source excerpt

After hearing, the court shall determine whether there has been a breach of condition in the plaintiff's mortgage, the amount due thereon, including reasonable attorney's fees and court costs, the order of priority and those amounts, if any, that may be due to other parties that may appear and whether any public utility easements held by a party in interest survive the proceedings. For purposes of this section, "public utility easements" has the same meaning as set forth in section 6321. [PL 1991, c. 744, §3 (AMD).] If the court determines that such a breach exists, a judgment of foreclosure and sale must issue providing that if the mortgagor or the mortgagor's successors, heirs and assigns do not pay the sum that the court adjudges to be due and payable, with interest within the period of redemption, the mortgagee shall proceed with a sale as provided. Notwithstanding section 6704, for property described in section 6111, a writ of possession may not issue until the expiration of the period of redemption provided for in this section, except that this section does not impair the right of a mortgagee to exercise rights set forth in the mortgage or security instrument to protect the mortgaged property. If the mortgagor or the mortgagor's successors, heirs and assigns pay to the mortgagee the sum that the court adjudges to be due and payable to the mortgagee with interest within the period of redemption, then the mortgagee shall forthwith discharge the mortgage and file a dismissal of the action for foreclosure with the clerk of the court. [PL 2017, c. 133, §1 (AMD).] On mortgages executed prior to October 1, 1975, unless the mortgage contains language to the contrary, the period of redemption shall be one year from the date of the judgment. On mortgages executed on or after October 1, 1975, the period of redemption shall be 90 days from the date of the judgment. In either case, the redemption period shall begin to run upon entry of the judgment of foreclosure, provided that no appeal is taken. [PL 1983, c. 447, §3 (AMD).]

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1 Oct 2025 · currentEnglish

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