An Act To Protect Homeowners in Foreclosure Proceedings -
Maine Legislature, Session 124, LD 0728
Committee: Insurance and Financial Services
Sponsors: BARTLETT, ALFOND, BOWMAN, BEAUDOIN, BECK, BOLAND, GOODE, LEGG

Legislative Document 
No. 728' 
S.P.278 
In Senate, February 24,2009 
An Act To Protect Homeowners in Foreclosure Proceedings -
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
Presented by Senator BARTLETT of Cumberland. 
c;)r9(J~ 
, JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: ALFOND of Cumberland, BOWMAN of York, Representatives: 
BEAUDOIN of Biddeford, BECK of Waterville, BOLAND of Sanford, GOODE of Bangor, 
LEGG of Kennebunk. 
Printed on recycled paper 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 14 MRS A §6322, as amended by PL 1991, c. 744, §3, is further amended 
to read: 
§6322. Hearing and judgment 
Before. hearing, the court shall refer the parties to alternative dispute resolution 
through the Court Alternative Dispute Resolution Service established in Title 4, section 
. 
18-B. 
The Supreme Judicial Court may adopt or amend rules of procedure for 
proceedings under this section. After hearing, the court shall determine whether there has 
been a breach of condition in the plaintiffs 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. 
If the court determines that such a breach exists,a judgment of foreclosure and sale 
shall issue must be issued providing that if the mortgagor,--his 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 sh~ll proceed with a 
sale as provided. If the mortgagor.,...hi& 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 forclosure 
foreclosure with the clerk of the court. 
.26 
On mortgages executed prior to October 1, 1975, unless the mortgage contains 
language to the contrary, the period of redemption shall be is one year from the date of 
the judgment. On mortgages executed on or after October 1, 1975, the period of 
redemption shall be is 90 days from the date of the judgment. For mortgage foreclosure 
proceedings initiated on or after October 1, 2009 on any mortgage, the period of . 
redemption is one year from the date of the judgment. In ~ 
any case, the redemption 
period shall beginbews to'run upon entry of the judgment of foreclosure, provided that 
as long as no appeal is taken. 
SUMMARY 
This bill extends the period of redemption in residential foreclosure proceedings 
initiated on or after October 1, 2009 on any mortgage to one year. The bill also requires 
the use of alternative dispute resolution in foreclosures. 
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