reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 2: STATE MORTGAGES › 14 §6151. Discharge or foreclosure by treasurer

§6151. Discharge or foreclosure by treasurer
When a mortgage is made or assigned to the State, the Treasurer of State may demand and receive the money due thereon and discharge it by his deed of release. After breach of the condition, he may, in person or by his agent, make use of the like means for the purpose of foreclosure, which an individual mortgagee might, as prescribed in section 6321.   [PL 1975, c. 552, §3 (AMD).]
All mortgages in the name of the State and made under the Revised Statutes of 1944, chapter 30 shall be collected, discharged or foreclosed in accordance with this section.
SECTION HISTORY
PL 1975, c. 552, §3 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 2: STATE MORTGAGES › 14 §6152. Civil action for redemption filed against State

§6152. Civil action for redemption filed against State
If the Treasurer of State and the person applying to redeem any lands mortgaged to the State disagree as to the sum due thereon, such person may bring a civil action against the State for the redemption thereof in the Superior Court.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 2: STATE MORTGAGES › 14 §6153. Notice and proceedings

§6153. Notice and proceedings
The court shall order notice to be served on the Treasurer of State in the usual form, and shall hear the cause and decide what sum is due to the State on said mortgage, and award costs as it deems equitable. The treasurer shall accept the sum adjudged by the court to be due and discharge the mortgage.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 3: FORECLOSURE PROCEEDING › 14 §6201. Foreclosure by possession (REPEALED)

§6201. Foreclosure by possession
(REPEALED)
SECTION HISTORY
PL 1981, c. 279, §7 (AMD). PL 1987, c. 736, §16 (AMD). PL 2007, c. 391, §1 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 3: FORECLOSURE PROCEEDING › 14 §6202. -- redemption in one year (REPEALED)

§6202. -- redemption in one year
(REPEALED)
SECTION HISTORY
PL 2007, c. 391, §2 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 3: FORECLOSURE PROCEEDING › 14 §6203. Foreclosure without possession (REPEALED)

§6203. Foreclosure without possession
(REPEALED)
SECTION HISTORY
PL 1965, c. 116 (AMD). PL 1965, c. 513, §§28-A (AMD). PL 1969, c. 291, §§1,2 (AMD). PL 1973, c. 625, §84 (AMD). PL 1987, c. 667, §13 (AMD). PL 2007, c. 391, §3 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 3: FORECLOSURE PROCEEDING › 14 §6203-B. Copy of notice; affidavit; recording; evidence

§6203-B. Copy of notice; affidavit; recording; evidence
The mortgagee or its agent shall, within 30 days after the date of the delivery of the deed to the purchaser or the purchaser's agent, cause an affidavit, fully and particularly stating the mortgagee's acts, or the acts of the mortgagee's agent, along with a copy of the foreclosure notice as published, to be recorded in the registry of deeds for the county where the land lies. The affidavit must identify the mortgagee and mortgagor and include the street address, if any, of the real estate encumbered by the mortgage; a description of the real estate encumbered by the mortgage, which may be incorporated by reference to the book and page number of an instrument of record containing an adequate legal description of the real estate; the book and page number, if any, of the mortgage; the dates of publication and the name of the publishing entity of the public notice required by section 6203‑A, subsection 1; the recipients and mailing or service dates of notices provided pursuant to section 6203‑A, subsections 1 and 1‑A and section 6203‑E; the final purchaser under the agreement described in section 6203‑A, subsection 5; and the date of delivery of the deed to the purchaser or the purchaser's agent. If the affidavit shows that the requirements of the power of sale and section 6203‑A have in all respects been complied with, the affidavit or a certified copy of the record thereof must be admitted as evidence that the power of sale was duly executed. In case of an error or omission in the affidavit recorded as aforesaid, the mortgagee or its agent shall record an amended affidavit correcting the error or omission and the amended affidavit so recorded has the same effect and must be admitted in evidence, as if it had been recorded within said 30 days, but such subsequent affidavit does not prejudicially affect any title or interest in land that may have arisen or have been created between the recording of the original and of the subsequent affidavit.   [PL 2015, c. 147, §2 (AMD).]
SECTION HISTORY
PL 1967, c. 424, §2 (NEW). PL 2009, c. 476, Pt. B, §4 (AMD). PL 2009, c. 476, Pt. B, §9 (AFF). PL 2015, c. 147, §2 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 3: FORECLOSURE PROCEEDING › 14 §6203-C. Conveyance by mortgagor; effect

§6203-C. Conveyance by mortgagor; effect
A sale or transfer by the mortgagor shall not impair or annul any right or power of attorney given in the mortgage to the mortgagee to sell or to transfer the land as attorney or agent of the mortgagor.   [PL 1967, c. 424, §2 (NEW).]
SECTION HISTORY
PL 1967, c. 424, §2 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 3: FORECLOSURE PROCEEDING › 14 §6203-D. Limitation of actions

§6203-D. Limitation of actions
Actions on mortgage notes, whether witnessed or not, or on other obligations to pay a debt secured by a mortgage of real estate, to recover judgments for deficiencies after foreclosure by sale under a power contained in the mortgage, and actions on such notes or other obligations that are subject to a prior mortgage, to recover the amount due thereon after the foreclosure sale of such prior mortgage under the power contained therein, must, except as otherwise provided, be commenced within 2 years after the date of delivery of the deed to the purchaser or the purchaser's agent or, if the principal of the note or other obligation does not become payable until after the date of delivery of the deed to the purchaser or the purchaser's agent, then within 2 years after the time when the cause of action for the principal accrues.   [PL 2015, c. 147, §3 (AMD).]
SECTION HISTORY
PL 1967, c. 424, §2 (NEW). PL 2015, c. 147, §3 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 3: FORECLOSURE PROCEEDING › 14 §6203-G. Assignment of mortgage

§6203-G. Assignment of mortgage
The assignment of a mortgage by a foreclosing mortgagee at any time during the foreclosure process does not affect the validity of the foreclosure. Upon the recording of the assignment of mortgage in the registry of deeds where the land lies, the assignee of the mortgage may complete the foreclosure.   [PL 2015, c. 147, §5 (NEW).]
SECTION HISTORY
PL 2015, c. 147, §5 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 3: FORECLOSURE PROCEEDING › 14 §6204. Redemption in one year (REPEALED)

§6204. Redemption in one year
(REPEALED)
SECTION HISTORY
PL 1967, c. 424, §3 (AMD). PL 1991, c. 134, §2 (AMD). PL 1993, c. 321, §1 (AMD). PL 2007, c. 391, §4 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 3: FORECLOSURE PROCEEDING › 14 §6204-A. Disposition of proceeds of foreclosure sale (REPEALED)

§6204-A. Disposition of proceeds of foreclosure sale
(REPEALED)
SECTION HISTORY
PL 1975, c. 552, §4 (NEW). PL 1989, c. 829, §1 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 3: FORECLOSURE PROCEEDING › 14 §6204-B. Disposition of proceeds of sale after foreclosure (REPEALED)

§6204-B. Disposition of proceeds of sale after foreclosure
(REPEALED)
SECTION HISTORY
PL 1989, c. 829, §2 (NEW). PL 2007, c. 391, §5 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 3: FORECLOSURE PROCEEDING › 14 §6205. Rights of junior mortgagee

§6205. Rights of junior mortgagee
When proceedings for the foreclosure of any prior mortgage of real estate have been instituted by any method provided by law, the owner of any subsequent mortgage of the same real estate or of any part of the same real estate may, at any time before the right of redemption from such prior mortgage has expired, in writing, request the owner of such prior mortgage to assign the same and the debt thereby secured to him, upon his paying to the owner of such prior mortgage, the full amount, including all interest, costs of foreclosure and such other sums as the mortgagor or person redeeming would be required to pay in order to redeem. If the owner of such prior mortgage neglects or refuses to make such assignment within a reasonable time after such written request, the owner of such subsequent mortgage may bring a civil action in the Superior Court for the purpose of compelling the owner of such prior mortgage to assign the same and the debt thereby secured, to him, the owner of such subsequent mortgage, upon making payment. If the court, upon hearing, shall be of the opinion that the owner of such prior mortgage will not be injured or damaged in his property matters and rights by such assignment, and that such assignment will better protect the rights and interests of the owner of such subsequent mortgage, and that the rights and interests of any other person in and to the same real estate, or any part thereof, will not be prejudiced or endangered thereby, the court, in its discretion, may order and decree that such prior mortgage and the debt thereby secured shall be assigned by the owner thereof to the owner of such subsequent mortgage upon his making payment. The time within which and the place where such payment shall be made shall be fixed by the court, and if the parties are unable to agree upon the amount of such payment, the court shall fix and determine the amount. The court may issue all necessary and needful process or processes to enforce any order or decree made under this section. The owner of any prior mortgage assigned under the provisions hereof shall not be holden on nor liable for the debt secured by such mortgage unless he especially agrees in writing by him signed to be so holden or liable. An appeal from any final decree may be taken as in other civil actions.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 3: FORECLOSURE PROCEEDING › 14 §6206. Judgment where nothing due

§6206. Judgment where nothing due
If it appears that nothing is due on the mortgage, judgment shall be rendered for the defendant and for his costs, and he shall hold the land discharged of the mortgage.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 3: FORECLOSURE PROCEEDING › 14 §6207. Action by executor or administrator

§6207. Action by executor or administrator
When a mortgagee or person claiming under him is dead, the same proceedings to foreclose the mortgage may be had by his executor or administrator, declaring on the seizin of the deceased, as he might have had if living.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 3: FORECLOSURE PROCEEDING › 14 §6208. Proper party defendant

§6208. Proper party defendant
An action on a mortgage deed may be brought against a person in possession of the mortgaged premises. The mortgagor or person claiming under him may, in all cases, be joined with him as a cotenant, whether he then has any interest or not in the premises, but he is not liable for costs when he has no such interest and makes his disclaimer thereto upon the records of the court.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 3: FORECLOSURE PROCEEDING › 14 §6209. Real action against mortgagee in possession after mortgage paid

§6209. Real action against mortgagee in possession after mortgage paid
When the mortgagee or person claiming under him has taken possession of the mortgaged premises, and the debt secured by the mortgage is paid or released after condition broken and before foreclosure perfected, the mortgagor or person claiming under him may maintain a real action to recover possession of said premises, the same as if paid or released before condition broken.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 4: ACTION FOR POSSESSION › 14 §6251. Form of complaint

§6251. Form of complaint
The mortgagee or person claiming under the mortgagee in an action for possession may declare on the mortgagee's own seizin, in a real action, without naming the mortgage or assignment. If it appears that the plaintiff is entitled to possession and that the condition had been broken when the action was commenced, the court shall, on motion of either party, award the conditional judgment, unless it appears that the tenant is not the mortgagor or a person claiming under the mortgagor, the plaintiff not consenting to such judgment. Unless such judgment is awarded, judgment is entered as at common law.   [PL 2007, c. 391, §6 (AMD).]
SECTION HISTORY
PL 2007, c. 391, §6 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 4: ACTION FOR POSSESSION › 14 §6252. Form of conditional judgment

§6252. Form of conditional judgment
The conditional judgment shall be that if the mortgagor, his heirs, executor or administrator pays the sum that the court adjudges to be due and payable, with interest, within 2 months from the time of judgment, and pays such other sums as the court adjudges to be thereafter payable, within 2 months from the time that they fall due, no writ of possession shall issue and the mortgage shall be void. Otherwise it shall issue in due form of law, upon the first failure to pay according to said judgment. If, after 3 years from the rendition of the judgment, the writ of possession has not been served or the judgment wholly satisfied, another conditional judgment may, on motion filed in the name of the mortgagee or assignee, be rendered, and a writ of possession issued as before provided. When the condition is for doing some other act than the payment of money, the court may vary the conditional judgment as the circumstances require. The writ of possession shall issue if the terms of the conditional judgment are not complied with within the 2 months.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 5: REDEMPTION › 14 §6301. Accounting required

§6301. Accounting required
Any mortgagor or other person having a right to redeem lands mortgaged may demand of the mortgagee or person claiming under the mortgagee a true account of the sum due on the mortgage, and of the rents and profits, and money expended in repairs and improvements, if any. If the mortgagee unreasonably refuses or neglects to render such an account in writing, or in any other way by default prevents the plaintiff from performing or tendering performance of the condition of the mortgage, the mortgagor may bring a civil action for the redemption of the mortgaged premises within the time limited in former section 6204, and therein offer to pay the sum found to be equitably due, or to perform any other condition, as the case may require. Such an offer has the same force as a tender of payment or performance before the commencement of the action. The action must be sustained without such a tender, and thereupon the mortgagor is entitled to judgment for redemption and costs.   [PL 2007, c. 391, §7 (AMD).]
SECTION HISTORY
PL 2007, c. 391, §7 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 5: REDEMPTION › 14 §6302. Death of mortgagee or successor (REPEALED)

§6302. Death of mortgagee or successor
(REPEALED)
SECTION HISTORY
PL 1979, c. 540, §23 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 5: REDEMPTION › 14 §6303. Death of mortgagor or successor

§6303. Death of mortgagor or successor
If a person entitled to redeem a mortgaged estate or an equity of redemption that has been sold on execution, or the right to redeem such right, or the right to redeem lands set off on execution, dies without having made a tender for that purpose, a tender may be made and an action for redemption commenced and prosecuted by the person's personal representative, or by the person's heirs or devisees subject to the authority of the personal representative over the administration of the estate under Title 18‑C, sections 3‑709 and 3‑711. If the plaintiff in such action dies pending the action, it may be prosecuted to final judgment by the plaintiff's personal representative, or by the plaintiff's heirs or devisees subject to the same authority of the personal representative. When a mortgagor resides out of the State, any person may, in the mortgagor's behalf, tender to the holder of the mortgage the amount due thereon. The tender is as effectual as if made by the mortgagor.   [PL 2017, c. 402, Pt. C, §29 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 1979, c. 540, §24 (AMD). PL 2017, c. 402, Pt. C, §29 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 5: REDEMPTION › 14 §6304. Effect of payment or tender

§6304. Effect of payment or tender
When the amount due on a mortgage has been paid or tendered to the mortgagee, or person claiming under him, by the mortgagor or the person claiming under him, within the time so limited, he may bring a civil action for the redemption of the mortgaged premises, and compel the mortgagee, or person claiming under him, by a decree of the Superior Court, to release to him all his right and title therein; although such mortgagee or his assignee has never had actual possession of the premises for breach of the condition; or, without having made a tender before the commencement of the action, he may bring a civil action in the manner prescribed in section 6301, and the cause shall be tried in the same manner.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 5: REDEMPTION › 14 §6305. Mortgagee out of State

§6305. Mortgagee out of State
When a civil action for redemption is brought before an actual entry for breach of the condition, and before payment or tender, if the mortgagee or person claiming under him is out of the State and has not had actual notice, the court shall order proper notice to be given him and continue the cause as long as necessary.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 5: REDEMPTION › 14 §6306. -- payment to clerk of court

§6306. -- payment to clerk of court
When a mortgagee or person claiming under a mortgagee residing out of the State, or whose residence is unknown to the party entitled to redeem, has commenced proceedings in accordance with this chapter, or when such a mortgagee or claimant having no tenant, agent or attorney in possession on whom service can be made has commenced proceedings in accordance with this chapter, in either case the party entitled to redeem may bring the civil action, as prescribed in section 6301, and pay at the same time to the clerk of the court and sum due, which payment has the same effect as a tender before the action. The court shall order such a notice to be given of the pendency of the action, as it judges proper.   [PL 2007, c. 391, §8 (AMD).]
SECTION HISTORY
PL 2007, c. 391, §8 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 5: REDEMPTION › 14 §6307. Fraudulent mortgage

§6307. Fraudulent mortgage
When a mortgage is alleged and proved to be fraudulent, in whole or in part, an innocent assignee of the mortgagor, for a valuable consideration, may bring his action within the time allowed to redeem and be allowed to redeem without a tender.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 5: REDEMPTION › 14 §6308. Notice by publication

§6308. Notice by publication
When an amount due on a mortgage has been paid or tendered to the mortgagee or person claiming under him before foreclosure of the mortgage, and the mortgagee or his assignee is out of the State and the mortgage is undischarged on the record, the mortgagor or person claiming under him may maintain a civil action for the redemption of the mortgaged premises, as provided in section 6304, or for the discharge of the mortgage. On notice of the pendency of the action, given by publication in a newspaper of general circulation in the county where said premises are situated for 3 weeks successively, the last publication being 30 days before the time of hearing, or in such other way as the Superior Court orders, said court may decree a discharge of such mortgage. The record of such decree in the registry of deeds where said mortgage is recorded is evidence of such discharge.   [PL 1987, c. 667, §15 (AMD).]
SECTION HISTORY
PL 1987, c. 667, §15 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 5: REDEMPTION › 14 §6309. Limitation of civil action

§6309. Limitation of civil action
No civil action shall be brought for redemption of mortgaged premises, founded on a tender of payment or performance of the condition made before commencement of the action, unless within one year after such tender.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 5: REDEMPTION › 14 §6310. Joinder of others as defendants; notice

§6310. Joinder of others as defendants; notice
In any action brought for the redemption of mortgaged premises, when it is necessary to the attainment of justice that any other person besides the defendant, claiming an interest in the premises, should be made a party with the original defendant, the court on motion may order him to be served with an attested copy of the complaint amended in such manner as it directs, and on his appearance, the cause shall proceed as though he had been originally joined.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 5: REDEMPTION › 14 §6311. Joint or several execution

§6311. Joint or several execution
The court, when a decree is made for the redemption of mortgaged lands, may award execution jointly or severally as the case requires, and for sums found due for rents and profits over and above the sums reasonably expended in repairing and increasing the value of the estate redeemed.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 5: REDEMPTION › 14 §6312. Deduction of rents and profits; statement of amount due

§6312. Deduction of rents and profits; statement of amount due
When money is brought into court in an action for redemption of mortgaged premises, the court may deduct therefrom such sum as the defendant is chargeable with on account of rents and profits by him received or costs awarded against him. The person to whom money is tendered to redeem such lands, if he receives a larger sum than he is entitled to retain, shall refund the excess. Any mortgagee or person holding under him when requested by an assignee in insolvency or trustee in bankruptcy to render a statement of the amount due on a mortgage given by the insolvent where there is an equity of redemption shall render a true statement to the assignee or trustee of the amount due on such mortgage. For any loss resulting to the insolvent estate from any misrepresentation of the amount due, the assignee or trustee shall have a right of action against such person to recover such loss.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 5: REDEMPTION › 14 §6313. Redemption of estate from purchaser of equity

§6313. Redemption of estate from purchaser of equity
If the purchaser of an equity of redemption, sold on execution, has satisfied and paid to the mortgagee or those claiming under him the sum due on the mortgage, the mortgagor or those claiming under him, having redeemed the equity of redemption within one year after such sale, may redeem such mortgaged estate from such purchaser or any person claiming under him within the time and in the manner that he might have redeemed it of the mortgagee if there had been no such sale made, and within such time only.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 6: FORECLOSURE PROCEEDINGS BY CIVIL ACTION › 14 §6322. Hearing and judgment

§6322. Hearing and judgment
After hearing, the court shall determine whether there has been a breach of condition in the plaintiff's mortgage, the amount due thereon, including reasonable attorney's fees and court costs, the order of priority and those amounts, if any, that may be due to other parties that may appear and whether any public utility easements held by a party in interest survive the proceedings. For purposes of this section, "public utility easements" has the same meaning as set forth in section 6321.   [PL 1991, c. 744, §3 (AMD).]
If the court determines that such a breach exists, a judgment of foreclosure and sale must issue providing that if the mortgagor or the mortgagor's successors, heirs and assigns do not pay the sum that the court adjudges to be due and payable, with interest within the period of redemption, the mortgagee shall proceed with a sale as provided. Notwithstanding section 6704, for property described in section 6111, a writ of possession may not issue until the expiration of the period of redemption provided for in this section, except that this section does not impair the right of a mortgagee to exercise rights set forth in the mortgage or security instrument to protect the mortgaged property. If the mortgagor or the mortgagor's successors, heirs and assigns pay to the mortgagee the sum that the court adjudges to be due and payable to the mortgagee with interest within the period of redemption, then the mortgagee shall forthwith discharge the mortgage and file a dismissal of the action for foreclosure with the clerk of the court.   [PL 2017, c. 133, §1 (AMD).]
On mortgages executed prior to October 1, 1975, unless the mortgage contains language to the contrary, the period of redemption shall be one year from the date of the judgment. On mortgages executed on or after October 1, 1975, the period of redemption shall be 90 days from the date of the judgment. In either case, the redemption period shall begin to run upon entry of the judgment of foreclosure, provided that no appeal is taken.   [PL 1983, c. 447, §3 (AMD).]
SECTION HISTORY
PL 1975, c. 552, §5 (NEW). PL 1977, c. 618 (RPR). PL 1983, c. 447, §3 (AMD). PL 1991, c. 744, §3 (AMD). RR 2013, c. 2, §27 (COR). PL 2017, c. 133, §1 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 6: FORECLOSURE PROCEEDINGS BY CIVIL ACTION › 14 §6322-A. Notice to tenants of foreclosure judgment

§6322-A. Notice to tenants of foreclosure judgment
The mortgagee shall, after entry of final judgment in favor of the mortgagee, provide a copy of the foreclosure judgment to any residential tenant of the premises. Upon request from a mortgagee, the mortgagor shall provide the name, address and other contact information for any residential tenant. A residential tenant who receives written notice under this section is not required to file any responsive pleadings and must receive written notice of all subsequent proceedings including all matters through and including sale of the property. The mortgagee shall provide written notice to the residential tenant if the mortgagee knows or should know by exercise of due diligence that the property is occupied as a residential rental unit. Notice may be provided to a residential tenant by first class mail and registered mail at the residential tenant's last known address only after the mortgagee has made 2 good faith efforts to provide written notice to the residential tenant in person. A residential tenant may not be evicted unless a mortgagee institutes an action for forcible entry and detainer pursuant to section 6001 after providing the notice required by this section and after the expiration of the redemption period. This section may not be construed to prohibit an action for forcible entry and detainer in accordance with section 6001 for a reason that is not related to a judicial foreclosure action. The failure to provide the notice required by this section does not affect the validity of the foreclosure sale.   [PL 2009, c. 476, Pt. B, §8 (AMD); PL 2009, c. 476, Pt. B, §9 (AFF).]
SECTION HISTORY
PL 2009, c. 402, §19 (NEW). PL 2009, c. 476, Pt. B, §8 (AMD). PL 2009, c. 476, Pt. B, §9 (AFF).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 6: FORECLOSURE PROCEEDINGS BY CIVIL ACTION › 14 §6324. Proceeds of sale

§6324. Proceeds of sale
After first deducting the expenses incurred in making the sale, the mortgagee shall disburse the remaining proceeds in accordance with the provisions of the judgment. The mortgagee shall file a report of the sale and the disbursement of the proceeds therefrom with the court and shall mail a copy to the mortgagor at the mortgagor's last known address. This report need not be accepted or approved by the court, provided that the mortgagor or any other party in interest may contest the accounting by motion filed within 30 days of receipt of the report, but any such challenge may be for money only and does not affect the title to the real estate purchased by the highest bidder at the public sale. Any deficiency must be assessed against the mortgagor and an execution must be issued by the court therefor. In the event the mortgagee has been the purchaser at the public sale, any deficiency is limited to the difference between the fair market value of the premises at the time of the public sale, as established by an independent appraisal, and the sum due the mortgagee as established by the court with interest plus the expenses incurred in making the sale. Any surplus must be paid to the mortgagor, the mortgagor's successors, heirs or assigns in the proceeding. If the mortgagor has not appeared personally or by an attorney, the surplus must be paid to the clerk of courts, who shall hold the surplus in escrow for 6 months for the benefit of the mortgagor, the mortgagor's successors, heirs or assigns and, if the surplus remains unclaimed after 6 months, the clerk shall pay the surplus to the Treasurer of State to be credited to the General Fund until it becomes unclaimed under the Maine Revised Unclaimed Property Act, and report and pay it to the State in accordance with that Act.   [PL 2019, c. 498, §11 (AMD).]
The report of sale required by this section must be filed with the court within the earlier of 90 days after the public sale and 45 days after the mortgagee's delivery of the deed conveying the mortgaged property to the purchaser at the mortgage sale. Upon a showing of good cause by the mortgagee, made by motion filed before the expiration of the deadline, the court may extend the deadline for the filing of the report of sale for an additional period of time as the court considers appropriate. In the event that the mortgagee fails to timely file the report of sale, the mortgagee has no right to seek a deficiency judgment.   [PL 2019, c. 408, §2 (NEW).]
SECTION HISTORY
PL 1975, c. 552, §5 (NEW). PL 1983, c. 447, §5 (AMD). PL 1987, c. 691, §2 (AMD). PL 1997, c. 508, §A3 (AFF). PL 1997, c. 508, §B4 (AMD). PL 2003, c. 20, §T10 (AMD). PL 2019, c. 408, §2 (AMD). PL 2019, c. 498, §11 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 6: FORECLOSURE PROCEEDINGS BY CIVIL ACTION › 14 §6325. Exceptions

§6325. Exceptions
The method of foreclosure set forth in sections 6321 to 6324 may be used for the foreclosure of all real property mortgages, except for railroad mortgages, so called, or for indentures or deeds of trust securing bond issues of corporations wherein the method of foreclosure or sale is provided in the indenture or deed of trust or any similar instrument; provided that any such railroad mortgage, corporate indenture, deed of trust or similar instrument executed subsequent to January 1, 1976, shall be subject to this subchapter unless the applicability of this chapter is expressly negated in such instrument. The method of foreclosure set forth in sections 6321 to 6324 shall not apply to tax lien mortgages created under Title 36.   [PL 1981, c. 698, §87 (AMD).]
SECTION HISTORY
PL 1975, c. 552, §5 (NEW). PL 1977, c. 564, §70 (AMD). PL 1981, c. 698, §87 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 715: INTERPLEADER COMPACT › Subchapter 1: COMPACT › 14 §6351. Purpose -- Article I

§6351. Purpose -- Article I
The aims of this compact are to promote comity and judicial cooperation among the states party thereto; and to relieve from undue risk and uncertainty, a person who may be subject to double or multiple liability because of the existence of adverse claimants, one or more of whom in the absence of this compact may not be subject to the jurisdiction of the adjudicating court, when such person makes all reasonable efforts to secure judicial determination and discharge of his liability.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 715: INTERPLEADER COMPACT › Subchapter 1: COMPACT › 14 §6352. Definitions -- Article II

§6352. Definitions -- Article II
For the purpose of this compact the following definitions shall apply:
1.  State.
A state shall mean
A. A state of the United States or any territory or possession of the United States and the District of Columbia acting under Article I, section 10, clause 3, of the Constitution of the United States in entering this compact with an American or a foreign jurisdiction, or
B. A state of the community of nations and any component governmental unit of such a state which under the laws thereof may validly become party to this compact.
2.  Person.
A person shall include any entity capable of suing or being sued in the state in which the interpleader is pending.
3.  Interpleader.
Interpleader shall mean a judicial procedure by which 2 or more persons who have adverse claims against a 3rd person may be required to litigate these claims in one proceeding.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 715: INTERPLEADER COMPACT › Subchapter 1: COMPACT › 14 §6353. Service of process -- Article III

§6353. Service of process -- Article III
1.  Personal jurisdiction.
Service of process sufficient to acquire personal jurisdiction may be made within a state party to this compact, by a person who institutes an interpleader proceeding or interpleader part of a proceeding in another state, party to this compact, provided that such service shall fulfill the requirements for service of process of the state in which the service is made and provided further that such service shall meet the minimum standards for service of the jurisdiction where the proceeding is pending.
2.  Validity.
No such service of process shall be valid unless either:
A. The subject matter of the proceeding is specific real property or tangible personal property situated within the state in which the proceeding is pending; or
B. One or more of the claimants shall be either a permanent resident or domiciliary of the state in which the proceeding is pending; or
C. A significant portion of the transaction out of which the proceeding shall have arisen shall have taken place in the state in which the proceeding is pending; or
D. One of the claimants shall have initiated the action.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 715: INTERPLEADER COMPACT › Subchapter 1: COMPACT › 14 §6354. Scope of interpleader unaffected -- Article IV

§6354. Scope of interpleader unaffected -- Article IV
Nothing in this compact shall be construed to change any requirement or limitation on the scope of interpleader of the state in which the interpleader proceeding is pending except in relation to acquisition of personal jurisdiction.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 715: INTERPLEADER COMPACT › Subchapter 1: COMPACT › 14 §6355. Finality of judgment -- Article V

§6355. Finality of judgment -- Article V
No judgment obtained against any person in any proceeding to which he had become a party by reason of service of process effected pursuant to the provisions of this compact shall be subject to attack on the ground that the adjudicating court did not have personal jurisdiction over such person.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 715: INTERPLEADER COMPACT › Subchapter 1: COMPACT › 14 §6356. Enactment -- Article VI

§6356. Enactment -- Article VI
1.  Effective date.
This compact shall enter into force and effect as to a state one year from the date it has taken whatever action may be necessary pursuant to its required processes to make this compact part of the laws of such state and the appropriate authority of such state shall have deposited a duly authenticated copy of its statute, proclamation, order or similar official pronouncement having the force of law and embodying this compact as law with the appropriate officer or agency of each of the states party thereto. In the statute, proclamation, order or similar act by which a state adopts this compact, it shall specify the officer or agency with whom the documents referred to in this Article shall be deposited.
2.  Applicability.
Unless the statute, proclamation, order or similar act by which a state adopts this compact shall specify otherwise, and name the states with which the state intends to compact, such adoption shall apply to all other states then party to or who may subsequently become party to this compact. In the event that a state shall enter this compact with some states but not with others, the deposit of documents required by subsection 1 shall be effected only with those states to which the adopting state specifies an intention to be bound.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 715: INTERPLEADER COMPACT › Subchapter 1: COMPACT › 14 §6357. Withdrawal -- Article VII

§6357. Withdrawal -- Article VII
1.  Notice.
This compact shall continue in force and remain binding on a party state until such state shall withdraw therefrom. To be valid and effective, any withdrawal must be preceded by a formal notice in writing of one year from the appropriate authority of that state. Such notice shall be communicated to the same officer or agency in each party state with which the notice of adoption was deposited pursuant to Article VI. In the event that a state wishes to withdraw with respect to one or more states, but wishes to remain a party to this compact with other states party thereto, its notice of withdrawal shall be communicated only to those states with respect to which withdrawal is contemplated.
2.  Service of process.
Withdrawal shall not be effective as to service of process accomplished pursuant to this compact prior to the actual date of withdrawal.
3.  Adoption.
Any state receiving a notice of adoption from another state may by action of its executive head within a year from the receipt of such notice in the manner provided for withdrawal in subsection 1 specify its intention not to be bound to the state depositing such notice and such adoption thereupon shall not be binding upon the state so acting.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 715: INTERPLEADER COMPACT › Subchapter 1: COMPACT › 14 §6358. Severability and construction -- Article VIII

§6358. Severability and construction -- Article VIII
The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state, or in the case of a component governmental unit, to the constitution of the state of which it is a part, or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held invalid or contrary to the constitution of any government participating therein the compact shall remain in full force and effect as to the remaining governments and in full force and effect as to the government affected as to all severable matters. It is the intent that the provisions of this compact shall be reasonably and liberally construed.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 715: INTERPLEADER COMPACT › Subchapter 2: PROVISIONS RELATING TO COMPACT › 14 §6401. Ratification

§6401. Ratification
The Interpleader Compact is approved, ratified, adopted and entered into by this State as a party state to take effect between this State and any other state or states as defined in said compact when entered into in accordance with the terms of said compact by said other state or states and not disapproved by the Governor of this State under Article VII, subsection 3, of such compact.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 715: INTERPLEADER COMPACT › Subchapter 2: PROVISIONS RELATING TO COMPACT › 14 §6402. Secretary of State as receiving officer

§6402. Secretary of State as receiving officer
The Secretary of State is hereby designated as the officer to receive all documents deposited pursuant to Articles VI and VII. The Secretary of State is directed to act as the repository for all such documents and to keep and make available upon request a complete list of the states with which this State is party to the Interpleader Compact, together with such other information as may be in his possession concerning the status of such compact in respect to enactment and withdrawals therefrom.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 715: INTERPLEADER COMPACT › Subchapter 2: PROVISIONS RELATING TO COMPACT › 14 §6403. Duties of Governor

§6403. Duties of Governor
As used in Article VII, subsection 3, of the Interpleader Compact, the phrase "executive head" shall mean the Governor of this State. In the event that the Governor shall take any action pursuant to Article VII, subsection 3, of such Interpleader Compact, he shall promptly notify the Secretary of State and shall deposit with him copies of any and all official communications and documents relating to such action. The Governor shall take appropriate action pursuant to Article VII, subsection 3, of the Interpleader Compact so as not to become party thereto with any state not recognized by the United States of America or with any state the features of whose legal system make the equitable operation of said compact impracticable.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 717: NATURALIZATION AND CITIZENSHIP › 14 §6451. Jurisdiction; applications for naturalization

§6451. Jurisdiction; applications for naturalization
The Superior Court shall have jurisdiction of applications for naturalization. No other court established by this State shall entertain any primary or final declaration or application made by or in behalf of an alien to become a citizen of the United States or entertain jurisdiction of the naturalization of aliens.