Defective Foreclosure Notices in Maine — A Closer Look at § 6111
Before a bank can foreclose on your home in Maine, it must send you a very specific notice. That notice is governed by 14 M.R.S. § 6111 — and the requirements are strict. Not substantial. Not close enough. Strict.
Maine courts have repeatedly held that lenders must comply with every element of § 6111 before a foreclosure can proceed. When they don’t — and they often don’t — the defective notice becomes one of the most powerful tools available to a homeowner defending against foreclosure.
Here’s what the statute requires, what we look for when reviewing a notice, and what it means if yours has a defect.
What Is a § 6111 Notice?
A § 6111 notice — sometimes called a “right to cure” notice — is the letter your lender or mortgage servicer is required to send you before filing a foreclosure complaint in court. It’s a condition precedent: no proper notice, no foreclosure.
The notice must be sent after you fall behind on your mortgage and before any court action is filed. It gives you an opportunity to catch up — to cure the default — and it provides information you need to understand your options and seek help.
The statute sets out specific requirements for what the notice must contain and how it must be sent. Banks and servicers frequently cut corners. When they do, the notice is defective — and the foreclosure built on top of it is vulnerable.
The Requirements: What § 6111 Actually Demands
The statute requires the notice to include all of the following:
• 35 days to cure. The notice must give you at least 35 days to cure the default — to pay the overdue amount and bring the loan current — before the lender can file a foreclosure complaint.
• Dual mailing. The notice must be sent two ways: by certified mail with return receipt requested, AND by first-class mail. Both. Not one or the other. Both.
• Exact amount to cure. The notice must state the specific dollar amount you need to pay to cure the default. A vague or approximate figure doesn’t cut it.
• Itemization of all past-due amounts. The notice must break down what you owe — missed payments, fees, charges — so you can verify the amount and understand what you’re being asked to pay.
• Loss mitigation contact information. The notice must include the name, address, and telephone number of the servicer’s loss mitigation department or the person authorized to discuss loss mitigation options with you.
• HUD-approved housing counseling agencies. The notice must include a list of HUD-approved housing counseling agencies in Maine that can provide free or low-cost assistance.
• Maine Foreclosure Diversion Program notice. The notice must inform you about Maine’s Foreclosure Diversion Program — the state’s mandatory mediation program — and your right to participate.
• Filing with the Bureau of Consumer Credit Protection. Within three business days of sending the notice, the lender must file a copy with the Maine Bureau of Consumer Credit Protection. This is an administrative requirement — and one that lenders often botch.
“Strict Compliance” — What Maine Courts Have Required
Maine courts apply a strict compliance standard to § 6111. That means a lender doesn’t get credit for mostly getting it right. If a required element is missing, inaccurate, or defective, the notice fails — period.
This is not a harmless error analysis. Courts have dismissed foreclosure actions based on notice defects that the lender argued were technical or minor. The Law Court has been clear: the statutory requirements exist to protect homeowners, and they must be followed.
The Finch and Moulton decisions (2024) changed what happens after a defective notice is found — the bank can now try again rather than permanently losing its right to enforce the loan — but they did not change the strict compliance standard itself. A defective notice still defeats the current foreclosure action.
Common Defects We See
In our practice, the defects we encounter most often include:
• Wrong cure amount. The amount stated in the notice doesn’t match the actual amount needed to cure the default — often because unauthorized fees or charges have been included, or because the calculation was simply wrong.
• Missing or inadequate itemization. The notice states a total but doesn’t break down what’s included, or the itemization is incomplete.
• Defective mailing. The notice was sent by certified mail but not by first-class mail, or vice versa. Or it was sent to the wrong address. Or there’s no proof it was sent at all.
• Missing counseling agency information. The list of HUD-approved agencies is absent, outdated, or doesn’t include Maine-specific resources.
• Missing Foreclosure Diversion Program notice. The notice fails to inform the homeowner of their right to participate in Maine’s mediation program.
• Failure to file with BCCP. The lender didn’t file a copy of the notice with the Bureau of Consumer Credit Protection within three days, or filed it late.
What a Defective Notice Means for Your Case
If the § 6111 notice sent to you was defective, the foreclosure built on top of it is vulnerable to dismissal. The lender cannot obtain a judgment. The case gets dismissed.
Beyond dismissal of the current action, a defective notice has real financial consequences for the lender. All arrears, fees, interest, and costs that accrued during the time the defective case was pending cannot be recovered in that action. In cases that have been dragging on for years — which is common in Maine — that can mean a six-figure loss for the bank.
Courts can also order the lender to pay your attorney’s fees. And in cases of egregious conduct, dismissal with prejudice remains available as a judicial sanction.
After Finch, the lender can send a corrected notice and try again. But that means starting over — new notice, new 35-day period, new filing. And in the time between dismissal and re-filing, you have options: loan modification negotiations, a mediated resolution, or preparation of additional defenses for the new proceeding.
What to Do If You’ve Received a Foreclosure Notice
If you’ve received what looks like a § 6111 notice, do not ignore it. The 35-day cure period starts running immediately. And the time to identify and raise a notice defect is at the beginning of the foreclosure proceeding — not after a judgment has been entered.
At Island Justice Law, reviewing § 6111 notices is one of the first things we do in any foreclosure defense case. We know what to look for, we know the case law, and we know how to use defective notices effectively on behalf of our clients.
If you’ve received a foreclosure notice — or if a foreclosure has already been filed against you — contact us today.
Call (207) 200-7077 or contact us online.
Island Justice Law represents homeowners throughout Maine. From Fort Kent to Kittery.
This post is for informational purposes only and does not constitute legal advice to you. Il
