An Act To Protect Homeowners Subject to Foreclosure by Requiring the Foreclosing Entity To Provide the Court with Original Documents
Maine Legislature, Session 125, LD 0145
Committee Amendment CA_A_H425 (House)
Amends: 14 MRSA §6321

COMMITTEE AMENDMENT" A" to H.P. 128, L.D. 145, Bill, "An Act To 
Protect Homeowners Subject to Foreclosure by Requiring the Foreclosing Entity To 
Provide the Court with Original Documents" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Clarify and Streamline Foreclosure Proceedings' 
Amend the bill by striking out everything after the enacting clause and be~ore the 
summary and inserting the following: 
'Sec. 1. 14 MRSA §6321, as amended by PL 2009, c. 476, Pt. B, §5 and affected 
by §9, is further amended by adding after the 2nd paragraph 2 new paragraphs to r~ad: 
If, during the course of a foreclosure action in which the defendant has appeated, the 
defendant sends to the plaintiff a written request to be allowed to inspect and <topy or 
photograph the original mortgage note, the plaintiff shall produce the original note 
together with all existing indorsements of the note in accordance with the following 
provisions. Within 30 days of the defendant's making of such a written requ¢st, the 
plaintiff shall send to the defendant a written response stating the date, time and place for 
the production of the original note. The date for production must be not more than 40 
days after the making of the request for inspection or must be at such other time as the 
plaintiff and defendant may agree upon. The place for inspection must be, at the election 
of the plaintiff, the courthouse where the action is pending, the office of an attorney 
within the county in which the action is pending, an office of a banking institution or 
credit union within the county where the action is pending or such other place upon 
which the plaintiff and defendant agree. If the plaintiff fails to produce the original note 
in accordance with this section, the court shall, upon motion of the defendant su~ported 
by a proper affidavit, dismiss the foreclosure action without prejudice and award to the 
defendant reasonable attorney's fees incurred for the representation of the plaintift in the 
action. If the defendant elects not to request dismissal of the action the casc proce eds but 
the court may not allow for the recovery by the plaintiff of any interest or late fee on the 
mortgage loan bctween the date required for production of the note pursuant to this 
section and the date on which the note is later produced for inspection. 
Page I - 125LR0322(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 128, L.D. 145 
If the plaintiff claims that it is not in possession of the note but is entitled to enforce 
the note pursuant to Title 11, section 3-1309, the furnishing to the defendant of a sworn 
affidavit setting forth the proof required by Title 11, section 3-1309 at the time and place 
specified for production pursuant to this section or by mail in advance of the date for 
production constitutes sufficient compliance with the requirements concerning the 
production of the original note established in this section. If the plaintiff claims ~he note 
is an electronic transferable record as defined in Title 10, section 9416, subsectiop 1, the 
furnishing to the defendant of a sworn affidavit setting forth the proof required 9Y Title 
10, section 9416, subsection 6 at the time and place specified for production pursuant to 
this section or by mail in advance of the date for production constitutes sufficient 
~ompliance with the requirements concerning the production of the original note 
established in this section.' 
SUMMARY 
This amendment replaces the bill but retains the proposed requirement that a plaintiff 
seeking to foreclose on a mortgage is required to produce the original mortgage note, 
evidencing that the plaintiff has the right to foreclose, before a foreclosure action may 
proceed. 
This amendment requires the plaintiff to produce the original note and all the 
indorsements associated with the note within 30 days of the defendant's reqijest for 
I 
production to allow the defendant to inspect and copy or photograph the \)riginal 
mortgage note. The plaintiff must specify the date, time and place for productio~ of the 
note. 
The place may be at the courthouse, in an attorney's office or in a f1nancial 
institution or any other place to which the plaintiff and defendant agree. The idate of 
production must be within 40 days of the request for production. 
• 
If the plaintiff fails to produce the original note, the defendant may ask the tourt to 
dismiss the action without prejUdice and the court shall award the defendant rea onable 
attorney's fees. If the defendant chooses not to request the dismissal of the act on, the 
court may not allow the plaintiff to recover any interest or late fees on the mortgajge loan 
between the date required for the note's production and the date when the Inote is 
produced. 
: 
If the plaintiff is not in possession of the note but the Uniform Commercitl Code 
provisions on lost, stolen or destroyed instruments apply, the plaintiffs provision of a 
sworn affidavit pursuant to the Maine Revised Statutes, Title 11, section 3-1309 to the 
defendant constitutes sufficient compliance with the production requirements. 
If the plaintiff claims the note is an electronic transferable record, as defined in the 
Uniform Electronic Transactions Act, the plaintiffs furnishing of a sworn affidavit setting 
forth the proof required pursuant to Title 10, section 9416, subsection 6 constitutes 
sufficient compliance with the production requirements. 
COMMITTEE AMENDMENT