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_B_H721 (House)
Amends: 14 MRSA §6321

COMMITTEE AMENDMENT ·E" 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 before 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 read: 
If, during the course of a foreclosure action in which the defendant has appeared, but 
prior to entry of judgment, the defendant sends to the plaintiff and the plaintiffs attorney 
of record a written reguest to be allowed to inspect and copy 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 request, 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 less than 7 days from the date the written response 
was sent and not more than 45 days after the making of the reguest for inspection, unless 
an extension is . granted for good cause shown, 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 supported 
by a proper affidavit, dismiss the foreclosure action without prejudice. The right of the 
defendant to reguest inspection of the note as provided for in this section and any 
corresponding obligation of the plaintiff to produce the note for inspection under this 
section terminate upon the entry of a judgment of foreclosure or other termination of the 
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COMMITTEE AMENDMENT.j3" to H.P. 128, L.D. 145 
foreclosure action. The defendant has the right to request inspection and copying of the 
original note under this section only once during the pendency of the foreclosure action 
unless the court in which the action is pending for good cause shown otherwise orders. 
Nothing in this paragraph alters in any respect the elements of proof and evidentiary 
standards applicable in any foreclosure action. 
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 or for some other reason, the furnishing to 
the defendant of a sworn affidavit setting forth the proof required by Title 11, section 
3-1309, or setting forth the reason why the plaintiff asserts that it may enforce the note 
even though the plaintiff is not in possession of the original note, 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 the note 
is an electronic transferable record as defined in Title 10, section 9416, subsection 1, the 
furnishing to the defendant of a sworn affidavit setting forth the proof required by 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 
compliance with the requirements concerning the production of the original note 
established in this section. Nothing in this paragraph alters in any respect the elements of 
proof and evidentiary standards applicable in any foreclosure action.' 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Judiciary. 
This amendment replaces the bill but retains the proposed requirement that a plaintiff 
seeking to foreclose on a mortgage is required, upon request of the defendant, to produce 
the original mortgage note, evidencing that the plaintiff has the right to foreclose, during 
the foreclosure action. 
This amendment requires that the plaintiff respond within 30 days to a written request 
for production of the original note to allow the defendant to inspect and copy or 
photograph the original mortgage note. The plaintiff must specify the date, time and 
place for production of the note. The place may be at the courthouse, in an attorney's 
office or in a financial institution or any other place to which the plaintiff and defendant 
agree. The date of production must be at least 7 days after the plaintiffs written response 
and within 45 days of the request for production, which may be extended for good cause 
shown. 
If the plaintiff fails to produce the original note, the defendant may ask the court to 
dismiss the action without prejudice. 
The right of the defendant to request inspection of the note and any corresponding 
obligation of the plaintiff to produce the note for inspection terminate upon the entry of a 
judgment of foreclosure or other termination of the foreclosure action. The defendant 
may request inspection and copying only once, although a court may order otherwise for 
good cause shown. 
If the plaintiff is not in possession of the note but the Uniform Commercial Code 
provisions on lost, stolen or destroyed instruments apply, the plaintiffs provision of a 
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COMMITTEE AMENDMENT:.B" to H.P. 128, L.D. 145 
sworn affidavit pursuant to the Maine Revised Statutes, Title 11, section 3-1309 to the 
defendant constitutes sufficient compliance with the production requirements. Nothing in 
the 2 paragraphs added by this amendment alter in any respect the elements of proof and 
evidentiary standards applicable in any foreclosure action. 
If the plaintiff claims the note is an electronic transferable record, as defined in the 
Uniform Electronic Transactions Act, the plaintiff's 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. If the plaintiff claims it is not in 
possession of the original note in circumstances other than those to which Title 11, 
section 3-1309 applies, the plaintiff may satisfy the production requirements by providing 
a sworn affidavit setting forth the basis for the assertion that it is nonetheless entitled to 
enforce the note. 
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