Question 1

Do I actually need a foreclosure defense lawyer, or can I handle this myself?

Accepted Answer

You have the legal right to represent yourself, but foreclosure cases involve complex procedural requirements, strict deadlines, and technical legal defenses that are difficult to identify without experience. Lenders are represented by well-funded law firms, and the defenses that win these cases—defective § 6111 notices, standing challenges, FDCPA violations, assignment defects—require a trained eye to spot. Most homeowners don't realize they have viable defenses until a lawyer reviews their file. We offer free consultations to any Maine homeowner facing foreclosure.

Question 2

How long does the foreclosure process take in Maine?

Accepted Answer

Maine is a judicial foreclosure state, meaning the lender must file a lawsuit and obtain a court judgment before they can take your home. From the first missed payment to a final judgment, the process typically takes anywhere from one to three years, sometimes longer if there are contested legal issues. You cannot be foreclosed on until you are more than 120 days delinquent, and the lender must provide at least 35 days' written notice before filing suit. Every step of this timeline creates opportunities for defense.

Question 3

What is Maine's Foreclosure Diversion Program?

Accepted Answer

Maine's Foreclosure Diversion Program requires lenders to participate in court-supervised mediation before a foreclosure case can proceed to judgment. This program gives homeowners an opportunity to negotiate a loan modification, repayment plan, short sale, or other resolution with the lender. The lender is required to participate in good faith. Island Justice represents homeowners in diversion mediations across Maine and uses the process strategically—both as a negotiation tool and to gather information for litigation if mediation doesn't resolve the case.

Question 4

Can the bank foreclose if it doesn't have the original promissory note?

Accepted Answer

This is one of the most common and most powerful defenses in foreclosure cases. Under Maine law and UCC Article 3, a party seeking to enforce a lost or destroyed note must prove it was entitled to enforce the note at the time it was lost, that the loss wasn't due to a transfer, and must provide adequate protection to the borrower against the risk of double liability. Many lenders and servicers cannot meet this burden. Mortgage assignments have changed hands so many times—often through questionable processes—that proving an unbroken chain of ownership is frequently a real problem for the foreclosing party.

Question 5

What happens if the lender didn't follow Maine's notice requirements?

Accepted Answer

Maine's § 6111 requires lenders to send a detailed written notice at least 35 days before filing a foreclosure lawsuit, by both certified mail and first-class mail. The notice must include the exact amount needed to cure, an itemization of all past-due amounts, loss mitigation contact information, HUD-approved counseling agency information, and notice of the Foreclosure Diversion Program. Courts strictly enforce these requirements. If the notice is defective, the foreclosure action can be dismissed and the lender may lose the right to collect whatever amounts accrued up to that point. In some cases, that adds up to tens or even hundreds of thousands of dollars.

Question 6

What is the FDCPA and how does it apply to my foreclosure?

Accepted Answer

The Fair Debt Collection Practices Act is a federal law that prohibits debt collectors from using abusive, unfair, or deceptive practices. Many mortgage servicers qualify as debt collectors under the FDCPA—particularly when they acquire the servicing of a loan that was already in default. When a debt collector files or maintains a foreclosure action, the FDCPA imposes additional requirements and restrictions. Violations can result in statutory damages, actual damages, and attorney's fees. Island Justice routinely raises FDCPA claims as both a defense and a counterclaim in foreclosure cases.

Question 7

Do you handle foreclosure cases outside of the Stonington area?

Accepted Answer

Yes. Island Justice represents homeowners in every county in Maine—from York County to Aroostook, and everywhere in between. We are the only law firm in the state that actively litigates foreclosure defense, so we regularly travel for court appearances, mediations, and client meetings throughout Maine. If you are a Maine homeowner facing foreclosure, we can help regardless of where you live.

Question 8

What does it cost to hire a foreclosure defense lawyer?

Accepted Answer

We understand that homeowners facing foreclosure are already under financial stress. We offer free initial consultations and work with clients to find fee arrangements that make sense for their situation. In many cases, successful defenses result in court-ordered attorney's fees paid by the lender, and counterclaims under the FDCPA and other statutes carry fee-shifting provisions. Call us to discuss your situation—there is no cost or obligation to find out where you stand.

Question 9

I shouldn't be facing foreclosure at all — the lender made a mistake. What can I do?

Accepted Answer

It happens more often than you think. Servicers lose payments, misapply funds, fail to process loan modifications, or even start foreclosure proceedings against the wrong borrower. If your lender has filed a foreclosure action based on a mistake, you have every right to fight it — and both Maine and federal law are on your side. Maine imposes a duty of good faith and fair dealing on mortgage servicers, meaning they cannot ignore their own errors or steamroll you through a foreclosure they know is wrong. Under the Real Estate Settlement Procedures Act (RESPA), servicers are also required to maintain accurate records and respond to qualified written requests about your account. When servicers violate these obligations, it can form the basis for both a defense to the foreclosure and an independent claim for damages. The first step is to document everything — gather your payment records, bank statements, and any correspondence with your servicer. Then call us.

Question 10

I keep submitting loan modification paperwork and the servicer keeps losing it or saying it's incomplete. Is there anything I can do?

Accepted Answer

This is one of the most common and most frustrating things we hear from homeowners. You send in everything they ask for, then weeks later they claim they never received it, or they say it's incomplete, or they ask for the same documents again. This is not just bad customer service — it can be a violation of federal law. The CFPB's mortgage servicing rules require servicers to acknowledge receipt of a loss mitigation application within five days, exercise reasonable diligence in obtaining documents and information needed to complete the application, and not start or advance a foreclosure while a complete application is pending. Under RESPA, a servicer that repeatedly loses your paperwork or fails to process your application may be liable for actual damages, statutory damages, and attorney's fees. Maine's duty of good faith and fair dealing provides additional protection — a servicer that strings you along with an endless cycle of lost documents while simultaneously pursuing foreclosure is not acting in good faith. If this is happening to you, stop calling the servicer and start calling a lawyer.

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