Me. Rev. Stat. » Title 14
Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 6101 (2026)

Attorney's fees

✓ current as of May 2026
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For the foreclosure of a mortgage by any method authorized by this chapter, if the mortgagee prevails, the mortgagee or the person claiming under the mortgagee may charge a reasonable attorney's fee which is a lien on the mortgaged estate, and must be included with the expense of publication, service and recording in making up the sum to be tendered by the mortgagor or the person claiming under the mortgagor in order to be entitled to redeem, provided the sum has actually been paid in full or partial discharge of an attorney's fee. If the mortgagee does not prevail, or upon evidence that the action was not brought in good faith, the court may order the mortgagee to pay the mortgagor's reasonable court costs and attorney's fees incurred in defending against the foreclosure or any proceeding within the foreclosure action and deny in full or in part the award of attorney's fees and costs to the mortgagee. For purposes of this section, "does not prevail" does not mean a stipulation of dismissal entered into by the parties, an agreed-upon motion to dismiss without prejudice to facilitate settlement or successful mediation of the foreclosure action pursuant to section 6321‑A.   [PL 2011, c. 269, §1 (AMD).]
SECTION HISTORY
PL 1967, c. 424, §1 (AMD). PL 1981, c. 429, §1 (AMD). PL 2011, c. 269, §1 (AMD).
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Notes of Decisions
Cited in 29 cases (5 in the last 5 years), 1974–2025 · leading case: Homeward Residential, Inc. v. Gregor, 165 A.3d 357 (Me. 2017).
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Homeward Residential, Inc. v. Gregor, 165 A.3d 357 (Me. 2017). · cites it 6× “) ordering it to pay Marianne A Gregor’s legal fees and costs pursuant to 14 M.R.S. § 6101 (2016) after dismissal of Homeward’s foreclosure action against Gregor without prejudice.”
Wilmington Trust, Nat'l Ass'n v. Lisa Berry, 2020 ME 95 (Me. 2020). · cites it 3× “” 14 M.R.S. § 6101. Wilmington objected, arguing that an award of attorney fees was unwarranted because it did not act in “bad faith” during the proceedings.”
Bank of Maine, N.A. v. Weisberger, 477 A.2d 741 (Me. 1984). · cites it 3× “It contends that it is given a right to attorney’s fees by 14 M.R.S.A. § 6101 (Supp.1983-1984), 6 which now declares that “[f]or the foreclosure of a mortgage by any method authorized by this chapter [including a judicial foreclosure under 14 M.”
Charles D. Finch v. U.S. Banik, N.A., 2024 ME 2 (Me. 2024). “See 14 M.R.S. § 6101 (2023). In appropriate cases, the court should also consider imposing sanctions and other relief available under the foreclosure statutes or its inherent authority, including dismissal with prejudice if it is appropriate.”
Bank of Am., N.A. v. Scott Greenleaf, 2015 ME 127 (Me. 2015). “The court awarded Greenleaf reasonable costs and attorney fees pursuant to 14 M.R.S. § 6101 (2014). The court also prohibited the Bank from seeking to recover from Greenleaf (1) in any future action to enforce the note and mortgage, any costs or attorney fees related to this…”
U.S. Bank Nat'l Ass'n v. Christopher J. Curit, 2016 ME 17 (Me. 2016). “The Curits argued that the motion should be dismissed with prejudice so that they could be awarded attorney fees pursuant to 14 M.R.S. § 6101 (2015). The bank countered that it preferred a dismissal without prejudice so there would be no bar to re-filing a foreclosure action.”
Bayview Loan Servicing, LLC v. John H. Bartlett, 2014 ME 37 (Me. 2014). “§ 6101 (2013) suggests that the court did not understand the law applicable to the exercise of its discretion because that result "would arguably go without saying with a dismissal with prejudice.” Section 6101 provides that ”[i]f the mortgagee does not prevail, or upon evidence…”
Dufort v. Bangs, 644 A.2d 6 (Me. 1994). “His argument is based on 14 M.R.S.A. § 6101 (1993) pertaining to the inclusion of attorney fees in the sum due for redemption.”
Martin v. Piscataquis Sav. Bank, 325 A.2d 49 (Me. 1974). · cites it 3× “The exclusion of the writ of possession is all the more pointed since the succeeding subsections, (2) and (3) of § 6201, describing foreclosure by consent and by peaceable entry, are specifically included as suitable for the charging of attorney’s fees.”
J.P. Morgan Mortg. Acquisition Corp. v. Camille J. Moulton, 2024 ME 13 (Me. 2024). “”); 14 M.R.S. § 6101 (2023) (“If the mortgagee does not prevail, .”
Homeward Residential, Inc. v. Marianne A. Gregor, 2017 ME 128 (Me. 2017). · cites it 5× “Gregor’s legal fees and costs pursuant to 14 M.R.S. § 6101 (2016) after dismissal of Homeward’s foreclosure action against Gregor without prejudice.”
Homeward Residential, Inc. v. Gregor, 165 A.3d 357 (Me. 2017). · cites it 6× “) ordering it to pay Marianne A Gregor’s legal fees and costs pursuant to 14 M.R.S. § 6101 (2016) after dismissal of Homeward’s foreclosure action against Gregor without prejudice.”
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