An Act To Improve the Home Foreclosure Process
Maine Legislature, Session 124, LD 1125
Committee: Insurance and Financial Services
Sponsors: SIMPSON, PRIEST, BLISS, BEAULIEU, BECK, BRYANT, CLEARY, DILL, HILL, KRUGER
Amends: 14 MRSA §6321, 14 MRSA §6321-A

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
n 
c 
( 
. \ 
) 
.'---../' 
(~.;" .~ '~T~ I ;:,,~' l' r~j."'~ :~ t";V 
0"., 5 ,~ ~ .. "'" 
t.: ,1\·1 
to' ,'--:t"tl fl.' ~;.:: l· 
t) t r~ ~ L. k"f'~~' ij 
·=b~.!. .. ~ ~f't1 t ~ 
/~~ 
~~ ~ f~ 1 ~d7~ 
" 
~'j 
:;:'i~·l·';'\~·?~r:;: 
124th.MAINEL GISLATURE 
FIRST REGULARSESSION-2009 
Legislative Document 
No.112S 
S.P.416 
In Senate, 
25,2009 
An Act To Improve the Home Foreclosure Process 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
Presented by Senator SIMPSON of Androscoggin. 
Cosponsored by Representative PRIEST of Brunswick and 
9tf)(J~ 
JOY J. O'BRIEN 
Secretary ofthe Senate 
Senator: BLISS of Cumberland, Representatives: BEAULIEU of Auburn, BECK of 
Waterville, BRYANT of Windham, CLEARY of Houlton, DILL of Cape Elizabeth, HILL of 
York, KRUGER of Thomaston . 
Print~d on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRSA §6321, as amended by PL 2007, c. 391, §9, is further amended 
by adding after the 3rd paragraph a new paragraph to read: 
When the complaint is served on' the mortgagor, the mortgagor answer form 
described in section 6321-A must be included on the top of the complaint and any 
. 6 
accompanying documents. An envelope addressed to the court of jurisdiction within 
. which the l~ortgagor may return the form to the court must be included. The mortgagor's 
return of the fonn to the court is considered an answer to the complaint. The mortgagee 
commencing the foreclosure action shall provide the form and the addressed envelope. 
Sec. 2. 14 MRSA §6321-A is enacted to read: 
§6321-A. Mortgagor answer form 
1. Development of form. The Supreme Judicial Court shall develop a mortgagor 
answer form that may be used as an answer to a foreclosure complaint. 
2. Understandable; contents. The form must be written in language that is plain 
and readily understa'ndable by the general public. It must contain the following:. 
A. A statement that failure to answer the complaint will result in foreclosure of the 
property subject to the mortgage; 
B. An explanation that the debtor may fill out the form. and return it to the court in 
the envelope provided as the answer to the complaint. If the debtor returns the form 
to the court, the debtor does not need to file a more formal answer or responsive 
pleading; 
. 
C. The affirmative defenses that a debtor may raise in a foreClosure action. The 
affirmative defenses must be. provided in a check-off' format,: with a simple 
explanation of each defense; and 
D. An opportunity to request mediation provided in a check-off format, if mediation 
is available. 'The form must include a description of the mediation that may be 
available. 
3. 
Availability of form online. 
The judicial branch and the Department of 
Professional and Financial Regulation, Bureau of Consumer Credit Protection shall'post 
the form on their publicly accessible websites. 
. 
SUMMARY 
32. 
This bill requires that a mortgagee who is initiating a foreclosure action in Superior 
Court or District Court must include a mortgagor answer form in the documents that are 
. 34' 
served on the mortgagor with the complaint. The mortgagor answer form must be placed 
on top of the documents and may serve as the mortgagor's answer to the foreclosure 
complaint. 
The form must be readily understandable and provide explanations and 
Page I ~ 124LR0935(OlH 
) 
) 
) 
() 
affinnative defenses in a check-6ff fonnat for the illqrtgagor. to complete. It must also 
. 
. 
provide an opportunity for the mortgagor to request mediation, if mediation is available. 
The Supreme Judicial Court shall develop the fonn. Both the judicial branch and the 
Department of Professional and Financial Regulation, Bureau of Consumer Credit 
5· 
Protection shall post the fonn on, their publicly accessible websites, 
(,~/ 
LJ