An Act To Clarify the Application of Certain Statutory Requirements to Foreclosures
Maine Legislature, Session 124, LD 1707
Committee: Insurance and Financial Services
Sponsors: TREAT
Amends: 14 MRSA §6111

Legislative Document 
No. 1707 
1208 
House of Representatives, January 6, 2010 
An Act To Clarify the Application of Certain Statutory 
Requirements to Foreclosures 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule' 
203: 
Reference to the Committee on Insurance and Financial Services suggested and. ordered 
printed. 
Presented by Representative TREAT ofHa1l6well . 
Priuted on recycled paper 
'71/~ 1/1. 77!dC~{ 
MILLICENT M. MacFARLAND 
Clerk 
JEmergency preamble.' Whereas, 'acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergyncies; and 
Whereas,provisions in Public Law 2009, chapter 402 relating to the notices of a 
mortgagor's right to cure default were intended to apply to all residential mortgage loans; 
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and 
Whereas~ an exception to the notice provision applicable to certain mortgage loans 
was not repealed in Public Law 2009, chapter 402; and 
Whereas, this legislation repeals the exception so that the requirements for notices 
to cure default apply to all residential mortgages; and 
Whereas, in the, judgment of the Legislature, these facts create an emergency within' 
11. 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the 'preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Mabie as follows: 
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Sec. 1. 14 MRSA §6111, sub-§5, as enacted by PL 1997, c. 579, §4, is amended 
to'read: 
5. Exceptions. This section does not apply to: 
A. A mortgage subject to the provisions of Title 9-A, section 5-111 or a mortgage, 
other than a first lien mortgage, that is made subject to the, provisions of Title 9-A, 
section 5-111 by agreement of the parties to the mortgage; or 
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B. A mortgage tHateontains a requirement tHat a reinstatement notiee, a notiee of 
right .to eure or an equivalent notiee be given to the mortgagor at least 30 days prior 
to aeeelerating tHe maturity of the unpaid balanee of the obligation or otherwise 
enroreing tHe mortgage against tHe mortgagor, if the mortgagee gives sueh a notiee to , 
the mortgagor and to any eosigner against 'Nhom the mortgagee seeks to enroree the 
obligation seeured by the mortgage; or 
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C. A mortgage when the mortgagee accelerates the maturity of the unpaid balance of 
the obligation or otherwise enforces the mortgage on or after July 4, 1996 if the 
mortgage meets the requirements of paragraph A er-B. 
Sec. 2. Retroactivity. This Act applies retroactively to June 15,2009 .. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill clarifies that the changes in the notice period for' cure of defaults of 
mortgages made in Public Law 2009, chapter 402 apply to all residential mortgages. The 
bill applies the clarification retroactively to the date Public Law 2009, chapter 402 took 
effect. 
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