An Act to Prevent Foreclosures Without Strict Compliance with
Maine Legislature, Session 132, LD 1444
Committee: Judiciary
Sponsors: CARNEY, MOONEN, FECTEAU
Amends: 14 MRSA §6111

Legislative Document
No. 1444
S.P. 585
In Senate, April 3, 2025
An Act to Prevent Foreclosures Without Strict Compliance with 
Notice Requirements
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CARNEY of Cumberland.
Cosponsored by Representative MOONEN of Portland and
Senators: PIERCE of Cumberland, RENY of Lincoln, ROTUNDO of Androscoggin, 
Representatives: BELL of Yarmouth, Speaker FECTEAU of Biddeford, GATTINE of 
Westbrook, KUHN of Falmouth.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA §6111, sub-§1, as amended by PL 2009, c. 402, §10, is further 
amended to read:
1.  Notice; payment.  With respect to mortgages upon residential property located in 
this State when the mortgagor is occupying all or a portion of the property as the 
mortgagor's primary residence and the mortgage secures a loan for personal, family or 
household use, the mortgagee may not accelerate maturity of the unpaid balance of the 
obligation or otherwise enforce the mortgage in a judicial action for foreclosure because of 
a default consisting of the mortgagor's failure to make any required payment, tax payment 
or insurance premium payment, by any method authorized by this chapter until at least 35 
days after the date that written notice pursuant to subsection 1‑A is given by the mortgagee 
to the mortgagor and any cosigner against whom the mortgagee is enforcing the obligation 
secured by the mortgage at the last known addresses of the mortgagor and any cosigner 
that the mortgagor has the right to cure the default by full payment of all amounts that are 
due without acceleration, including reasonable interest and late charges specified in the 
mortgage or note as well as reasonable attorney's fees.  If the mortgagor tenders payment 
of the amounts before the date specified in the notice, the mortgagor is restored to all rights 
under the mortgage deed as though the default had not occurred.  Proof of strict compliance 
with the notice requirements of this section is a required element of proof in the judicial 
action for foreclosure.  Judgment must be entered against a mortgagee that fails to make 
such proof; such judgment is a valid final judgment against the mortgagee that prevents the 
foreclosing party, or any assignee of the foreclosing party, from instituting a subsequent 
foreclosure action on the property that is the subject of the judgment.
Sec. 2.  Retroactive application.  Notwithstanding any provision of law to the 
contrary, this Act applies retroactively to all foreclosure judgments, orders or dismissals 
entered in favor of a mortgagee.
SUMMARY
This bill requires a mortgagee of property that is occupied by the mortgagor to provide 
proof of strict compliance with the requirement that a mortgagee provide at least 35 days' 
notice before bringing a judicial action to foreclose on that property.  Failure to provide 
such proof prevents the mortgagor from prevailing in the foreclosure action or from 
bringing a foreclosure action against that property in the future; this was the law prior to 
the decision of the Supreme Judicial Court in Finch v. U.S. Bank, N.A., 2024 Me. 2.  
The bill applies retroactively to all foreclosure judgments, orders or dismissals entered 
against a mortgagor.