An Act To Repeal Strict Foreclosure
Maine Legislature, Session 123, LD 1617
Committee: Judiciary
Sponsors: WESTON
Amends: 14 MRSA §6201, 14 MRSA §6202, 14 MRSA §6203, 14 MRSA §6203-A, 14 MRSA §6203-B, 14 MRSA §6203-C, 14 MRSA §6203-D, 14 MRSA §6203-E, 14 MRSA §6203-F, 14 MRSA §6204, 14 MRSA §6204-B, 14 MRSA §6301, 14 MRSA §6306, 14 MRSA §6321

Legislative Document 
No. 1617 
S.P.561 
March 21,2007 
An Act To Repeal Strict Foreclosure 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator WESTON of Waldo. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRSA §6201, as amended by PL 1987, c. 736, §16, is repealed. 
Sec.2. 14 MRSA §6202 is repealed. 
Sec. 3. 14 MRSA §6203, as amended by PL 1987, c. 667, § 13, is repealed. 
Sec. 4. 14 MRSA §6203-A, as amended by PL 1995, c. 106, § 1, is repealed. 
Sec. 5. 14 MRSA §6203-B, as enacted by PL 1967, c. 424, §2, is repealed. 
Sec. 6. 14 MRSA §6203-C, as enacted by PL 1967, c. 424, §2, is repealed. 
Sec. 7. 14 MRSA §6203-D, as enacted by PL 1967, c. 424, §2, is repealed. 
Sec.8. 14 MRSA §6203-E, as amended by PL 1987, c. 736, § 17, is repealed. 
Sec. 9. 14 MRSA §6203-F, as repealed and replaced by PL 1991, c. 707, §2, is 
repealed. 
Sec. 10. 14 MRSA §6204, as amended by PL 1993, c. 321, §1, is repealed. 
Sec. 11. 14 MRSA §6204-B, as enacted by PL 1989, c. 829, §2, is repealed. 
Sec. 12. 14 MRS A §6251 is amended to read: 
§6251. Form of complaint 
The mortgagee or person claiming under ffim the mortgagee in an action for 
possession may declare on fits the mortgagee's own seizin, in a real action, without 
naming the mortgage or assignment. If it appears that the plaintiff is entitled to possession 
and that the condition had been broken when the action was commenced, the court shaH, 
on motion of either party, award the conditional judgment, unless it appears that the 
tenant is not the mortgagor or a person claiming under I:Hm the mortgagor, or that the 
O'NReF of the Rlortgage pFoeeeaefi for foreeloslire eORfoFfl'laely to seetioRs 6203 aflfi 6204 
Before tHe aetioR was eOfflRlOReod, the plaintiff not consenting to such judgment. Unless 
such judgment is awarded,judgment shall ee ~ entered as at common law. 
Sec. 13. 14 MRSA §6301 is amended to read: 
§6301. Accounting required 
Any mortgagor or other person having a right to redeem lands mortgaged may 
demand of the mortgagee or person claiming under ffim the mortgagee a true account of 
the sum due on the mortgage, and of the rents and profits, and money expended in repairs 
and improvements, if any. If fie the mortgagee unreasonably refuses or neglects to render 
such account in writing, or in any other way by fits default prevents the plaintiff from 
performing or tendering performance of the condition of the mortgage, fie the mortgagor 
may bring a civil action for the redemption of the mortgaged premises within the time 
limited in former section 6204, and therein offer to pay the sum found to be equitably 
due, or to perform any other condition, as the case may require. Such offer has the same 
force as a tender of payment or performance before the commencement of the action. The 
action sfl.aI.l must be sustained without such tender, and thereupon he shall be the 
mortgagor is entitled to judgment for redemption and costs. 
Sec. 14. 14 MRSA §6306 is amended to read: 
§6306. -- payment to clerk of court 
When a mortgagee or person claiming under Itim a mortgagee residing out of the 
State, or whose residence is unknown to the party entitled to redeem, has commenced 
II 
proceedings under section 6203 in accordance with this chapter, or when such mortgagee 
or claimant having no tenant, agent or attorney in possession on whom service can be 
made has commenced proceedings under section 6201 in accordance with this chapter, in 
either case the party entitled to redeem may bring the civil action, as prescribed in section 
I, and pay at the same time to the clerk of the court and sum due, which payment 
shall have has the same effect as a tender before the action. The court shall order such 
notice to be given of the pendency of the action, as it judges proper. 
Sec. 15. 14 MRSA §6321, first~, as amended by PL 1983, c. 447, §2, is further 
amended to read: 
After breach of condition in a mortgage of first priority, the mortgagee or any person 
claiming under Itim the mortgagee may proceed for the purpose of foreclosure by a civil 
action against all parties in interest in either the Superior Court or the District Court in the 
division wherein the mortgaged premises or any part thereof is located, regardless of the 
amount of the mortgage claim. The method of foreclosure of real estate mortgages 
provided by this section is an alternative method to those provided in former sections 
6201 and 6203 and is specifically subject to the order of priorities set out in section 6205. 
SUMMARY 
This bill repeals the laws that permit foreclosure of a mortgage on real property by 
possession and by sale of the property.