An Act To Refine and Streamline the Foreclosure Mediation Program
Maine Legislature, Session 127, LD 0846
Committee: Judiciary
Sponsors: HOBBINS
Amends: 4 MRSA §807, 14 MRSA §6321-A

Legislative Document 
No. 846 
H.P. 580 
House of Representatives, March 10, 2015 
An Act To Refine and Streamline the Foreclosure Mediation 
Program 
Reference to the Committee on Judiciary suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative HOBBINS of Saco. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  4 MRSA §807, sub-§3, ¶R, as corrected by RR 2013, c. 1, §6, is 
amended to read: 
R.  A person who is not an attorney but who is a public accountant, enrolled agent, 
enrolled actuary or any other person permitted to represent the taxpayer under Title 
36, section 151-A, subsection 2 and is representing a party in any hearing, action or 
proceeding before the Maine Board of Tax Appeals in accordance with Title 36, 
section 151-D; or 
Sec. 2.  4 MRSA §807, sub-§3, ¶S, as reallocated by RR 2013, c. 1, §7, is 
amended to read: 
S.  A person who is the sole member of a limited liability company or is a member of 
a limited liability company that is owned by a married couple or registered domestic 
partners who is not an attorney but is appearing for that company in an action for 
forcible entry and detainer pursuant to Title 14, chapter 709. 
This paragraph is repealed September 1, 2016.; or 
Sec. 3.  4 MRSA §807, sub-§3, ¶T is enacted to read: 
T.  An employee of a financial institution or credit union authorized to do business in 
this State under Title 9-B, chapter 13 who is not an attorney but is attending a 
mediation for that financial institution or credit union pursuant to Title 14, section 
6321-A and has authority to agree to a proposed settlement, loan modification or 
dismissal of the action. 
Sec. 4.  14 MRSA §6321-A, sub-§2, ¶¶B and C, as enacted by PL 2009, c. 402, 
§18, are amended to read: 
B.  A sample answer and an explanation that the defendant may fill out the form and 
return it to the court in the envelope provided as the answer to the complaint. If the 
debtor returns the form to the court, the defendant does not need to file a more formal 
answer or responsive pleading and will be scheduled for mediation in accordance 
with this section; and 
C.  A description of the program.; and 
Sec. 5.  14 MRSA §6321-A, sub-§2, ¶D is enacted to read: 
D.  A box that the defendant may check to inform the court that the defendant does 
not want to participate in mediation. 
Sec. 6.  14 MRSA §6321-A, sub-§7-A is enacted to read: 
7-A.  Location of mediation.  The mediator in a mediation under this section shall 
determine the location of the mediation after consultation with the parties. 
Sec. 7.  14 MRSA §6321-A, sub-§11, ¶C, as enacted by PL 2009, c. 402, §18, is 
amended to read: 
C.  Counsel for the plaintiff or an employee of the plaintiff under Title 4, section 807, 
subsection 3, paragraph T.  If an employee of the plaintiff attends the mediation 
under this paragraph, the plaintiff waives the right to counsel at the mediation; and 
Sec. 8.  14 MRSA §6321-A, sub-§12, as enacted by PL 2009, c. 402, §18, is 
amended to read: 
12.  Good faith effort; attendance.  Each party and each party's attorney, if any, 
person listed under subsection 11 must be present at mediation as required by this section 
and shall make a good faith effort to mediate all issues.  If any party or attorney person 
under subsection 11 fails to attend or to make a good faith effort to mediate, the court 
may impose appropriate sanctions.  The plaintiff is required to appear only at a mediation 
required by this section and scheduled by the court. 
SUMMARY 
This bill permits an authorized employee of a financial institution or credit union 
instead of an attorney to attend a foreclosure mediation on behalf of the financial 
institution or credit union, allows a defendant to affirmatively decline attending the 
mediation, grants authority to the mediator to determine the location of the mediation and 
clarifies that the financial institution or credit union is required to appear only at a 
required mediation scheduled by the court.