Foreclosure Defense Lawyer in Maine

A missed payment can start the clock ticking on a foreclosure. Once you fall behind, federal law usually prevents the servicer from starting foreclosure until you're more than 120 days delinquent. During this time, you can apply for loss mitigation, and servicers must follow strict rules about how they handle your account.

Before filing a foreclosure lawsuit, the lender must send you a written notice giving you at least 35 days to cure the default by catching up on missed payments. This notice must be sent by both certified mail AND first-class mail. The notice must include:

Exact amount needed to cure Itemization of all past-due amounts

Contact information for loss mitigation Information about HUD-approved counseling agencies

Notice about Maine's Foreclosure Diversion Program

This notice requirement is strictly enforced. If the lender's notice doesn't comply with every requirement of § 6111, they cannot legally accelerate your loan or file a foreclosure lawsuit. While the 2024 Finch v. U.S. Bank decision means defective notices no longer result in automatic "free houses," notice violations still matter: they can defeat the current foreclosure action and wipe out whatever amount the lender might have collected for missed payments up to that point. For some, that can mean tens of thousands, even hundreds of thousands of dollars wiped off their mortgage or powerful leverage in negotiations for modifications.

The lender files a complaint in Superior Court and serves you with a summons. You have 20 days to respond. The complaint must include specific certifications: - Proof of ownership of the note and mortgage - Certification that § 6111 notice requirements were "strictly performed" - All assignments and endorsements - The exact amount claimed due

You can file an answer to the complaint and request mediation through Maine's Foreclosure Diversion Program. This is a powerful opportunity to negotiate a loan modification, short sale, or other resolution with the lender required to participate in good faith.

This is where you have the ability to investigate the lender's case. We look for:

- Complete payment history

- The original note and all assignments

- Proof of compliance with § 6111 - Servicer communications and records - Evidence of any servicer violations

Discovery can reveal fatal flaws in the lender's case or servicer misconduct that gives us leverage.

The lender often moves for summary judgment (a way to decide cases withou a trial). We oppose by challenging their proof of ownership, compliance with notice requirements, and accounting.

If the case goes to trial, we put the lender to strict proof of every contested element.

IF YOU WIN, your foreclosure case, it can mean the bank can never bring another foreclosure, OR, it can mean it wipes out all the bank could have collected up to the date of the judgment OR it can mean the bank just has to start over. In any case, if you win a court can order that the bank pays your fees.


IF YOU LOSE, you have 21 days to appeal and/or 90 days to “redeem” the property which means pay whatever the Court says you have to pay. The bank can start the process of evicting you (if you do not appeal) after the 90 day redemption period has expired.

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 paid consultations to Maine homeowners facing foreclosure that can help you understand your situation.

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 or you have lawyers fighting your case. 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.

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. We represent homeowners in diversion mediations across Maine and use the process strategically—both as a negotiation tool and to gather information for litigation if mediation doesn't resolve the case.

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.

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.

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

We understand that homeowners facing foreclosure are already under financial stress. We work with clients to find fee arrangements that make sense for their situation: an initial retainer and then monthly payments comparable to a mortgage payment. In many cases, successful defenses result in court-ordered attorney fees paid by the lender. Counterclaims under the FDCPA, RESPA, and Maine’s Mortgage Servicer Duty of Good Faith law can also mean banks have to pay damages and legal fees.

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. The Consumer Financial Protection Bureau's mortgage servicing rules impose strict requirements on how servicers handle payments, escrow accounts, and loss mitigation applications. 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. We will review your account history, identify where the servicer went wrong, and fight to stop a foreclosure that should never have been filed in the first place.

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 may not be acting in good faith. If this is happening to you a lawyer may be able to help. A lawyer can intervene directly, put the servicer on notice of its legal obligations, and if necessary raise these violations as both a defense to foreclosure and an affirmative claim for damages on your behalf.