Resolve, Establishing the Commission to Study the Foreclosure
Maine Legislature, Session 132, LD 0184
Committee: Housing and Economic Development
Sponsors: DUCHARME

Legislative Document
No. 184
H.P. 117
House of Representatives, January 14, 2025
Resolve, Establishing the Commission to Study the Foreclosure 
Process
Reference to the Committee on Housing and Economic Development suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DUCHARME of Madison.
Cosponsored by Representatives: ARATA of New Gloucester, FLYNN of Albion, 
HASENFUS of Readfield.
Sec. 1.  Commission established.  Resolved:  That the Commission to Study the 
Foreclosure Process, referred to in this resolve as "the commission," is established.
Sec. 2.  Commission membership.  Resolved:  That the commission consists of 
members appointed as follows:
1.  Two members of the Senate appointed by the President of the Senate, including a 
member from each of the 2 parties holding the largest number of seats in the Legislature, 
with preference given to members of the Joint Standing Committee on Housing and 
Economic Development;
2.  Two members of the House of Representatives appointed by the Speaker of the 
House, including a member from each of the 2 parties holding the largest number of seats 
in the Legislature, with preference given to members of the Joint Standing Committee on 
Housing and Economic Development;
3.  One member representing a credit union, appointed by the President of the Senate;
4.  One member representing the Maine Bankers Association, appointed by the Speaker 
of the House; and
5.  The Director of the Maine State Housing Authority, or the director's designee.
Sec. 3.  Chairs.  Resolved:  That the first-named Senate member is the Senate chair 
and the first-named House of Representatives member is the House chair of the 
commission.
Sec. 4.  Appointments; convening of commission.  Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the commission.  If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority for 
the commission to meet and conduct its business.
Sec. 5.  Duties.  Resolved:  That, in conducting the study, the commission shall 
consider:
1.  The laws and state agency rules governing the foreclosure process, the various 
timelines of specific procedures in the foreclosure process and how those timelines affect 
the availability of foreclosed properties for affordable housing;
2.  The effect on the foreclosure process of mortgages sold in the secondary mortgage 
market by large financial institutions and the ability of small financial institutions in the 
State to work to keep property owners out of foreclosure and to make foreclosed property 
available for sale quickly; and
3.  How problems in the foreclosure process can be mitigated without losing existing 
consumer protections.
Sec. 6.  Staff assistance.  Resolved:  That the Legislative Council shall provide 
necessary staffing services to the commission, except that Legislative Council staff support 
is not authorized when the Legislature is in regular or special session.
Sec. 7.  Report.  Resolved:  That, no later than December 3, 2025, the commission 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, for presentation to the Joint Standing Committee on Housing and Economic 
Development.  The Joint Standing Committee on Housing and Economic Development is 
authorized to submit legislation related to the report to the Second Regular Session of the 
132nd Legislature.
SUMMARY
This resolve establishes the Commission to Study the Foreclosure Process, which is a 
7-member commission directed to consider the laws and state agency rules governing the 
foreclosure process, the various timelines of specific procedures in the foreclosure process 
and how those timelines affect the availability of foreclosed properties for affordable 
housing; the effect on the foreclosure process of mortgages sold in the secondary mortgage 
market by large financial institutions and the ability of small financial institutions in the 
State to work to keep property owners out of foreclosure and to make foreclosed property 
available for sale quickly; and how problems in the foreclosure process can be mitigated 
without losing existing consumer protections.  The commission is required to submit a 
report no later than December 3, 2025, including suggested legislation, for presentation to 
the Joint Standing Committee on Housing and Economic Development, which is 
authorized to submit legislation to the Second Regular Session of the 132nd Legislature.