An Act To Amend the Attorney's Fees Provision in Foreclosure Actions
Maine Legislature, Session 126, LD 1116
Committee: Judiciary
Sponsors: CROCKETT, THOMAS, BEAVERS, CRAFTS, DAVIS, HARLOW, LONG, TREAT, HILL
Amends: 14 MRSA §6101

Legislative Document 
No. 1116 
H.P. 788 
House of Representatives, March 21, 2013 
An Act To Amend the Attorney's Fees Provision in Foreclosure 
Actions 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative CROCKETT of Bethel. 
Cosponsored by Senator THOMAS of Somerset and 
Representatives: BEAVERS of South Berwick, CRAFTS of Lisbon, DAVIS of Sangerville, 
HARLOW of Portland, LONG of Sherman, TREAT of Hallowell, Senator: HILL of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA §6101, as amended by PL 2011, c. 269, §1, is repealed and the 
following enacted in its place: 
§6101.  Attorney's fees 
This section applies to a foreclosure of a mortgage by any method authorized by this 
chapter. 
1.  Attorney's fee to mortgagee.  If the mortgagee prevails, the mortgagee or the 
person claiming under the mortgagee may charge a reasonable attorney's fee, which is a 
lien on the mortgaged estate and must be included with the expense of publication, 
service and recording in making up the sum to be tendered by the mortgagor or the person 
claiming under the mortgagor in order to be entitled to redeem.  The amount of the 
attorney's fee that may be charged is limited to the amount that has actually been paid in 
full or partial discharge of an attorney's fee. 
2.  Attorney's fee and costs to mortgagor.  Unless the court finds that there are 
circumstances that would make an award of the mortgagor's fees and costs unjust, the 
court shall order the mortgagee to pay the mortgagor's reasonable court costs and 
attorney's fees incurred in defending against the foreclosure or dispositive proceeding 
within the foreclosure action, including but not limited to a motion for summary 
judgment, and deny in full or in part the award of attorney's fees and costs to the 
mortgagee: 
A.  If the mortgagee does not prevail in the action or the dispositive proceeding; or 
B.  Upon evidence that the action was not brought in good faith. 
If the court determines that it is unjust to order the mortgagee to pay the reasonable court 
costs and attorney's fees of the mortgagor, the court shall make specific findings of the 
circumstances that make an award of the mortgagor's fees and costs unjust. 
3.  Does not prevail.  For purposes of this section, "does not prevail" does not mean a 
stipulation of dismissal entered into by the parties, an agreed-upon motion to dismiss 
without prejudice to facilitate settlement or successful mediation of the foreclosure action 
pursuant to section 6321-A. 
SUMMARY 
This bill provides that if the mortgagee does not prevail in a foreclosure action or if 
the court finds the action was not brought in good faith, then the court must order the 
mortgagee to pay reasonable attorney's fees and court costs to the mortgagor, unless the 
court determines that making such an order would be unjust.  If the court determines that 
the order would be unjust, the court must provide an explanation of that determination.