Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 6111 (2026)

Notice of mortgagor's right to cure

✓ current as of May 2026
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(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
1.  Notice; payment.  With respect to mortgages upon residential property located in this State when the mortgagor is occupying all or a portion of the property as the mortgagor's primary residence and the mortgage secures a loan for personal, family or household use, the mortgagee may not accelerate maturity of the unpaid balance of the obligation or otherwise enforce the mortgage because of a default consisting of the mortgagor's failure to make any required payment, tax payment or insurance premium payment, by any method authorized by this chapter until at least 35 days after the date that written notice pursuant to subsection 1‑A is given by the mortgagee to the mortgagor and any cosigner against whom the mortgagee is enforcing the obligation secured by the mortgage at the last known addresses of the mortgagor and any cosigner that the mortgagor has the right to cure the default by full payment of all amounts that are due without acceleration, including reasonable interest and late charges specified in the mortgage or note as well as reasonable attorney's fees. If the mortgagor tenders payment of the amounts before the date specified in the notice, the mortgagor is restored to all rights under the mortgage deed as though the default had not occurred.  
[PL 2009, c. 402, §10 (AMD).]
1-A.  Contents of notice.  A mortgagee shall include in the written notice under subsection 1 the following:  
A. The mortgagor's right to cure the default as provided in subsection 1;   [PL 2009, c. 402, §11 (NEW).]
B. An itemization of all past due amounts causing the loan to be in default and the total amount due to cure the default;   [PL 2015, c. 36, §1 (AMD).]
C. An itemization of any other charges that must be paid in order to cure the default;   [PL 2009, c. 476, Pt. B, §2 (AMD); PL 2009, c. 476, Pt. B, §9 (AFF).]
D. A statement that the mortgagor may have options available other than foreclosure, that the mortgagor may discuss available options with the mortgagee, the mortgage servicer or a counselor approved by the United States Department of Housing and Urban Development and that the mortgagor is encouraged to explore available options prior to the end of the right-to-cure period;   [PL 2009, c. 402, §11 (NEW).]
E. The address, telephone number and other contact information for persons having authority to modify a mortgage loan with the mortgagor to avoid foreclosure, including, but not limited to, the mortgagee, the mortgage servicer and an agent of the mortgagee;   [PL 2009, c. 402, §11 (NEW).]
F. The name, address, telephone number and other contact information for all counseling agencies approved by the United States Department of Housing and Urban Development operating to assist mortgagors in the State to avoid foreclosure;   [PL 2015, c. 36, §1 (AMD).]
G. (TEXT EFFECTIVE UNTIL 1/01/26) Where mediation is available as set forth in section 6321‑A, a statement that a mortgagor may request mediation to explore options for avoiding foreclosure judgment; and   [PL 2015, c. 36, §1 (AMD).]
G. (TEXT EFFECTIVE 1/01/26) Where mediation is available as set forth in section 6321‑A, a statement that a mortgagor may request mediation to explore options for avoiding foreclosure judgment;   [PL 2025, c. 275, §1 (AMD); PL 2025, c. 275, §4 (AFF).]
H. (TEXT EFFECTIVE UNTIL 1/01/26) A statement that the total amount due does not include any amounts that become due after the date of the notice.   [PL 2015, c. 36, §2 (NEW).]
H. (TEXT EFFECTIVE 1/01/26) A statement that the total amount due does not include any amounts that become due after the date of the notice; and   [PL 2025, c. 275, §2 (AMD); PL 2025, c. 275, §4 (AFF).]
I. (TEXT EFFECTIVE 1/01/26) The following warning: "WARNING: Be cautious when seeking financial assistance, a loan modification or any other agreement to cure or work out the default. Criminals have been known to pose as legitimate negotiators who work with banks to provide assistance to distressed borrowers, but these criminals may instead take your money and private information without providing any assistance. You are encouraged to seek help from a housing counselor who works for a housing counseling agency approved by the United States Department of Housing and Urban Development (HUD) or from an attorney licensed to practice in the State of Maine."   [PL 2025, c. 275, §3 (NEW); PL 2025, c. 275, §4 (AFF).]
[PL 2015, c. 36, §§1, 2 (AMD); PL 2025, c. 275, §§1-3 (AMD); PL 2025, c. 275, §4 (AFF).]
2.  No application to supervised lender or supervised financial organization. 
[PL 1995, c. 654, §2 (RP).]
2-A.  Notice procedure.  Notice by a mortgagee is governed by this subsection.  
A. A mortgagee shall provide notice to a mortgagor and any cosigner under this section to the last known addresses of the mortgagor and cosigner by both:  
(1) Certified mail, return receipt requested; and  
(2) Ordinary first‑class mail, postage prepaid.   [PL 2019, c. 361, §1 (NEW).]
B. For purposes of this subsection, the time when the notice is given to the mortgagor or cosigner is the sooner of:  
(1) The date the mortgagor or cosigner signs the receipt or, if the notice is undeliverable, the date the post office last attempts to deliver it under paragraph A, subparagraph (1); and  
(2) The date the mortgagor or cosigner receives the notice under paragraph A, subparagraph (2).  
A post office department certificate of mailing to the mortgagor or cosigner is conclusive proof of receipt on the 7th calendar day after mailing notice as provided under paragraph A, subparagraph (2).   [PL 2019, c. 361, §1 (NEW).]
[PL 2019, c. 361, §1 (NEW).]
3.  Notice procedure. 
[PL 2019, c. 361, §2 (RP).]
3-A.  Information; Bureau of Consumer Credit Protection.  Within 3 days of providing written notice to the mortgagor as required by subsections 1 and 1‑A, the mortgagee shall file with the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection, in electronic format as designated by the Bureau of Consumer Credit Protection, information including:  
A. The name and address of the mortgagor and the date the written notice required by subsections 1 and 1‑A was mailed to the mortgagor and the address to which the notice was sent;   [PL 2009, c. 402, §12 (NEW).]
B. The address, telephone number and other contact information for persons having authority to modify a mortgage loan with the mortgagor to avoid foreclosure, including, but not limited to, the mortgagee, the mortgage servicer and an agent of the mortgagee; and   [PL 2009, c. 402, §12 (NEW).]
C. Other information, as permitted by state and federal law, requested of the mortgagor by the Bureau of Consumer Credit Protection.   [PL 2009, c. 402, §12 (NEW).]
[PL 2009, c. 402, §12 (NEW).]
3-B.  Report.  On a quarterly basis, the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection shall report to the joint standing committee of the Legislature having jurisdiction over insurance and financial services matters on the number of notices received pursuant to subsection 3‑A. To the extent information is available, the report must also include information on the number of foreclosure filings based on data collected from the court and the Department of Professional and Financial Regulation, Bureau of Financial Institutions and on the types of lenders that are filing foreclosures.  
[PL 2009, c. 402, §13 (NEW).]
4.  Notice not required. 
[PL 1997, c. 579, §3 (RP).]
4-A.  Letter to mortgagor.  Within 3 days of receiving electronic information from the mortgagee as set forth in subsection 3‑A, the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection shall send a written notice to the mortgagor that includes a summary of the mortgagor's rights and available resources, including information concerning the foreclosure mediation program as established in section 6321‑A.  
[PL 2009, c. 402, §14 (NEW).]
5.  Exceptions. 
[PL 2009, c. 476, Pt. A, §2 (RP).]
SECTION HISTORY
PL 1991, c. 707, §1 (NEW). PL 1993, c. 373, §1 (AMD). PL 1995, c. 654, §§1-4 (AMD). PL 1997, c. 579, §§1-4 (AMD). PL 2009, c. 402, §§10-14 (AMD). PL 2009, c. 476, Pt. A, §2 (AMD). PL 2009, c. 476, Pt. B, §2 (AMD). PL 2009, c. 476, Pt. B, §9 (AFF). PL 2015, c. 36, §§1, 2 (AMD). PL 2019, c. 361, §§1, 2 (AMD). PL 2025, c. 275, §§1-3 (AMD). PL 2025, c. 275, §4 (AFF).
Notes of Decisions
Cited in 159 cases (26 in the last 5 years), 1995–2026 · leading case: Chase Home Fin. LLC v. Higgins, 2009 ME 136 (Me. 2009).
Chase Home Fin. LLC v. Higgins, 2009 ME 136 (Me. 2009). · cites it 11× “The Higginses argue that the court should have denied summary judgment on the complaint because there are genuine issues of material fact regarding whether the Higginses received proper notice of default and the right to cure before *509 acceleration, see 14 M.R.S. § 6111…”
Charles D. Finch v. U.S. Banik, N.A., 2024 ME 2 (Me. 2024). · cites it 12× “¶¶ 22-33; see 14 M.R.S. § 6111 (2023)1 (providing that “[a] mortgagee may not accelerate maturity of the unpaid balance of the obligation or otherwise enforce the mortgage .”
Camden Nat'l Bank v. Peterson, 2008 ME 85 (Me. 2008). · cites it 10× “See 14 M.R.S. § 6111 (2007). The bank contends that the appeal is interlocutory because the court has not yet determined the amount of attorney fees.”
Bank of Am., N.A. v. Scott A. Greenleaf, 2014 ME 89 (Me. 2014). · cites it 5× “Notice of default and right to cure [¶ 29] Greenleaf also challenges the court’s finding that the notice of default and right to cure he received met all the requirements of 14 M.R.S. § 6111. 16 *712 See Higgins, 2009 ME 136, ¶ 11 , 985 A.”
David Bordetsky v. JAK Realty Trust, 2017 ME 42 (Me. 2017). · cites it 11× “Bor-detsky argues that the court erred by applying the requirements for a notice of default and right to cure contained in 14 M.R.S. § 6111 (2012) 1 to his attempt to *235 foreclose.”
HSBC Mortg. Servs., Inc. v. Murphy, 2011 ME 59 (Me. 2011). · cites it 5× “The court also refused to accept HSBC’s statement of material fact that the Murphys had received proper notice of default and the right to cure, see 14 M.R.S. § 6111 (2009), 3 because the statement was not supported by a record reference to a sworn statement establishing that…”
JPMorgan Chase Bank, N.A. v. Terrance B. Lowell, 2017 ME 32 (Me. 2017). · cites it 6× “3d 700 ; see also 14 M.R.S. §§ 6111(1-A), 6322 (2014). 4 Lowell argues that the court erred by admitting JPMorgan’s business records showing the amount due pursuant to the secured obligation, and that the notice of default was statutorily defective.”
Heidi Pushard v. Bank of Am. N.A., 2017 ME 230 (Me. 2017). · cites it 3× “The Bank relies principally on the language of 14 M.R.S. §6111 and the acceleration clauses at issue.”
U.S. Bank Trust, N.A. v. Jones, 330 F. Supp. 3d 530 (D. Me. 2018). · cites it 4× “when the mortgagor is occupying all or a portion of the property as the mortgagor's primary residence and the mortgage secures a loan for personal, family or household use.”
Wilmington Trust, Nat'l Ass'n v. Lisa Berry, 2020 ME 95 (Me. 2020). · cites it 8× “19, 2019) (codified at 14 M.R.S. § 6111(2-A) (2020)). 2 court abused its discretion in awarding attorney fees to Berry.”
The Bank of New York Mellon v. Danielle Shone, 2020 ME 122 (Me. 2020). · cites it 4× “After D’Orlando testified, the court excluded the notice from evidence because the Bank failed to present evidence that D’Orlando had personal knowledge about the law firm’s practices relating to the creation and mailing of notices of default and right to cure.”
Shapiro v. Haenn, 222 F. Supp. 2d 29 (D. Me. 2002). · cites it 5× “3 His answer raised as an affirmative defense that CNB failed to give the required notice under 14 M.R.S.A. § 6111 before proceeding with the foreclosure.”
— Me. Rev. Stat. tit. 14, § 6111(1) — 34 cases
Chase Home Fin. LLC v. Higgins, 2009 ME 136 (Me. 2009). “The Higginses argue that the court should have denied summary judgment on the complaint because there are genuine issues of material fact regarding whether the Higginses received proper notice of default and the right to cure before *509 acceleration, see 14 M.R.S. § 6111…”
Charles D. Finch v. U.S. Banik, N.A., 2024 ME 2 (Me. 2024). “¶¶ 22-33; see 14 M.R.S. § 6111 (2023)1 (providing that “[a] mortgagee may not accelerate maturity of the unpaid balance of the obligation or otherwise enforce the mortgage .”
Bank of Am., N.A. v. Scott A. Greenleaf, 2014 ME 89 (Me. 2014). “Notice of default and right to cure [¶ 29] Greenleaf also challenges the court’s finding that the notice of default and right to cure he received met all the requirements of 14 M.R.S. § 6111. 16 *712 See Higgins, 2009 ME 136, ¶ 11 , 985 A.”
David Bordetsky v. JAK Realty Trust, 2017 ME 42 (Me. 2017). “Bor-detsky argues that the court erred by applying the requirements for a notice of default and right to cure contained in 14 M.R.S. § 6111 (2012) 1 to his attempt to *235 foreclose.”
U.S. Bank Trust, N.A. v. Jones, 330 F. Supp. 3d 530 (D. Me. 2018). “when the mortgagor is occupying all or a portion of the property as the mortgagor's primary residence and the mortgage secures a loan for personal, family or household use.”
— Me. Rev. Stat. tit. 14, § 6111(2011) — 1 case
Heidi Pushard v. Bank of Am. N.A., 2017 ME 230 (Me. 2017). “The Bank relies principally on the language of 14 M.R.S. §6111 and the acceleration clauses at issue.”
— Me. Rev. Stat. tit. 14, § 6111(3) — 14 cases
Wilmington Trust, Nat'l Ass'n v. Lisa Berry, 2020 ME 95 (Me. 2020). “19, 2019) (codified at 14 M.R.S. § 6111(2-A) (2020)). 2 court abused its discretion in awarding attorney fees to Berry.”
Camden Nat'l Bank v. Peterson, 2008 ME 85 (Me. 2008). “See 14 M.R.S. § 6111 (2007). The bank contends that the appeal is interlocutory because the court has not yet determined the amount of attorney fees.”
The Bank of New York Mellon v. Danielle Shone, 2020 ME 122 (Me. 2020). “After D’Orlando testified, the court excluded the notice from evidence because the Bank failed to present evidence that D’Orlando had personal knowledge about the law firm’s practices relating to the creation and mailing of notices of default and right to cure.”
Maine State Hous. v. Sparks (Me. Super. Ct 2013).
— Me. Rev. Stat. tit. 14, § 6111(3)(A) — 5 cases
Wilmington Trust, Nat'l Ass'n v. Lisa Berry, 2020 ME 95 (Me. 2020). “19, 2019) (codified at 14 M.R.S. § 6111(2-A) (2020)). 2 court abused its discretion in awarding attorney fees to Berry.”
Rockstone Capital v. Boyle (Me. Super. Ct 2013).
Wells Fargo Bank, N.A. v. White (Me. Super. Ct 2015).
— Me. Rev. Stat. tit. 14, § 6111(3)(B) — 11 cases
Camden Nat'l Bank v. Peterson, 2008 ME 85 (Me. 2008). “See 14 M.R.S. § 6111 (2007). The bank contends that the appeal is interlocutory because the court has not yet determined the amount of attorney fees.”
Camden Nat'l Bank v. Peterson, 2008 ME 158 (Me. 2008).
Am. Money Ctrs. v. Lauletta (Me. Super. Ct 2001).
— Me. Rev. Stat. tit. 14, § 6111(5) — 6 cases
BAC Home Loans Svg v. Kelley (Me. Super. Ct 2011).
Suntrust Mortg., Inc. v. Adler (Me. Super. Ct 2011).
Maine State Hous. Auth. v. Thoits (Me. Super. Ct 2011).
BAC Home Loans Svg. v. Losier (Me. Super. Ct 2011).
Maine State Hous. Auth. v. Worcester (Me. Super. Ct 2011).
— Me. Rev. Stat. tit. 14, § 6111(5)(B) — 7 cases
HSBC Mortg. Servs., Inc. v. Murphy, 2011 ME 59 (Me. 2011). “The court also refused to accept HSBC’s statement of material fact that the Murphys had received proper notice of default and the right to cure, see 14 M.R.S. § 6111 (2009), 3 because the statement was not supported by a record reference to a sworn statement establishing that…”
Citimortgage, Inc. v. Ronald Chartier, 2015 ME 17 (Me. 2015).
Wells Fargo Bank v. Stacey (Me. Super. Ct 2011).
Maine State Hous. Auth. v. Thoits (Me. Super. Ct 2011).
Chase Home Fin. v. Higgins (Me. Super. Ct 2010).
— Me. Rev. Stat. tit. 14, § 6111(8)(B) — 1 case
Camden Nat'l Bank v. Peterson, 2008 ME 85 (Me. 2008). “See 14 M.R.S. § 6111 (2007). The bank contends that the appeal is interlocutory because the court has not yet determined the amount of attorney fees.”
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