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-SA_A_S270 (Senate)
Amends: 14 MRSA §6321

SENATE AMENDMENT" A" to 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 amendment by striking out the substitute title and replacing it with the 
following: 
'An Act To Protect Homeowners Subject to Foreclosure by Requiring the 
Foreclosing Entity To Provide the Court with Original Documents or Their 
Electronic Equivalent' 
Amend the amendment by striking out all of section 1 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 3 new parabrraphs to read: 
If, during the course of a foreclosure action in which the defendant has appeared and 
before judgment has been entered, the defendant sends to the plaintiff a written request to 
be allowed to inspect and copy or photograph the original mortgage note, loan agreement 
or other document evidencing indebtness, or the electronic equivalent of the original 
mortgage note, loan agreement or other such document, the plaintiff: unless otherwise 
ordered by the court, shall produce the original document or its electronic equivalent 
together with all existing indorsements or electronic equivalents in accordance with the 
Maine Rules of Civil Procedure. The place for inspection must be, at the election of the 
plaintiff: the courthouse where the action is pending: the office of an attomey licensed in 
this State and located in the countv in which the action is pending; an office of a banking 
institution or credit union within the countv where the action is pending; the office of the 
plaintiffs attornev; or such other place upon which the plaintiff and defendant agree. 
If the plaintiff claims that it is not in possession of the original documents or 
electronic equivalents, the plaintiff must provide a valid excuse for failing to produce 
those documents or their electronic equivalents. 
If the plaintiff fails to produce the original documents or their electronic equivalents 
or to provide a valid excuse for failure to produce those documents, the court may use its 
discretion to fashion appropriate remedies.' 
SENATE AMENDMENT 
SENATE AMENDMEKT" A" [0 COMMITTEE AMENDMENT "/\" to R.I'. 128, L.D. 145 
SUMMARY 
This amendment changes the provisions of Committee Amendment "A" 111 the 
following ways: 
1. It allows the plaintiff in a foreclosure action to produce an electronic equivalent of 
the mortgage note, loan agreement or other evidence of indebtedness; 
2. 
It requires the defendant to send the written request to inspect the original 
mortgage note prior to judgment being entered; 
3. It removes the specific time limit for the plaintiff to respond to the defendant's 
written request and to produce the note and instead requires the response and production 
to be in accordance with the Maine Rules of Civil Procedure; 
4. It adds, as an acceptable place for inspection, the office of the plaintiffs attorney; 
5. It removes the requirement that the court, upon motion of the defendant, dismiss 
the foreclosure action and award the defendant attorney's fees for failure of the plaintiff 
to produce the original note. Instead, this amendment requires the plaintiff to provide a 
valid excuse for failure to provide the note or an electronic equivalent and, in the event 
that the plaintiff fails to provide either the note or its electronic equivalent or a valid 
excuse, allows the court to fashion appropriate remedies; and 
6. It removes the provision that allows the plaintiff to provide a sworn affidavit in 
lieu of the Oliginal note in the event that the provisions of the Uniform Commercial Code 
regarding lost, stolen or destroyed instruments apply or the note is an electronic 
transferable record under the Unifonn Electronic Transactions Act. 
SPONSORED BY: ;ill ~ Ycd~ 
(Senator WOODBURY) 
COUNTY: Cumberland 
SENATE AMENDMENT