An Act To Amend the Civil Foreclosure Laws
Maine Legislature, Session 123, LD 0868
Committee: Judiciary
Sponsors: SIMPSON, HOBBINS, BERUBE, DILL, HOLMAN, JACOBSEN, MILLS, NASS, HASTINGS, NUITING
Amends: 14 MRSA §6323

Legislative Document 
No. 868 
H.P.657 
House of Representatives, February 23,2007 
An Act To Amend the Civil Foreclosure Laws 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative SIMPSON of Auburn. 
Cosponsored by Senator HOBBINS of York and 
11l~ 
/J7. 7I/t2£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BERUBE of Lisbon, DILL of Cape Elizabeth, HOLMAN of Fayette, 
JACOBSEN of Waterboro, MILLS of Farmington, NASS of Acton, Senators: HASTINGS of 
Oxford, NUITING of Androscoggin. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRSA §6323, sub-§ 1, as amended by PL 2005, c. 291, § I, is further 
amended to read: 
1. Procedures for all civil actions. Upon expiration of the period of redemption, if 
the mortgagor or the mortgagor's successors, heirs or assigns have not redeemed the 
mortgage, any remaining rights of the mortgagor to possession terminate, and the 
mortgagee shall cause notice of a public sale of the premises stating the time, place and 
terms of the sale to be published once in each of 3 successive weeks in a newspaper of 
general circulation in the county in which the premises are located, the first publication to 
lObe made not more than 90 days after the expiration of the period of redemption. The 
! I 
public sale must be held not less than 30 days nor more than 45 days after the first date of 
that publication and may be adjourned, for any time not exceeding 7 days and from time 
to time until a sale is made, by announcement to those present at each adjournment. The 
mortgagee, in its sole discretion, may allow the mortgagor to redeem or reinstate the loan 
after the expiration of the period of redemption but before the public sale. The mortgagee 
may convey the property to the mortgagor or execute a waiver of foreclosure, and all 
other rights of all other parties remain as if no foreclosure had been commenced. The 
mortgagee shall sell the premises to the highest bidder at the public sale and deliver a 
deed of that sale and the writ of possession, if a writ of possession was obtained during 
the foreclosure process, to the purchaser. The deed conveys the premises free and clear 
of all interests of the parties in interest joined in the action. The mortgagee or any other 
party in interest may bid at the public sale. If the mortgagee is the highest bidder at the 
public sale, there is no obligation to account for any surplus upon a subsequent sale by 
the mortgagee. Any rights of the mortgagee to a deficiency claim against the mortgagors 
are limited to the amount established as of the date of the public sale. The date of the 
public sale is the date on which bids are received to establish the sales price, no matter 
when the sale is completed by the delivery of the deed to the highest bidder. If the 
property is conveyed by deed pursuant to a public sale in accordance with this subsection, 
a copy of the judgment of foreclosure and evidence of compliance with the requirements 
of this subsection for the notice of public sale and the public sale itself must be attached 
to or included within the deed, or both, or otherwise be recorded in the registry of deeds. 
SUMMARY 
This bill amends the laws governing civil action foreclosure to require that the 
judgment of foreclosure entered by the court and evidence of compliance with the notice 
and public sale requirements be attached to or included within the deed, or both, or 
otherwise be recorded in the registry of deeds.