Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 6251 (2026)

Form of complaint

✓ current as of May 2026
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The mortgagee or person claiming under the mortgagee in an action for possession may declare on the mortgagee's own seizin, in a real action, without naming the mortgage or assignment. If it appears that the plaintiff is entitled to possession and that the condition had been broken when the action was commenced, the court shall, on motion of either party, award the conditional judgment, unless it appears that the tenant is not the mortgagor or a person claiming under the mortgagor, the plaintiff not consenting to such judgment. Unless such judgment is awarded, judgment is entered as at common law.   [PL 2007, c. 391, §6 (AMD).]
SECTION HISTORY
PL 2007, c. 391, §6 (AMD).
Notes of Decisions
Cited in 1 case, 1974–1974 · leading case: Martin v. Piscataquis Sav. Bank, 325 A.2d 49 (Me. 1974).
Martin v. Piscataquis Sav. Bank, 325 A.2d 49 (Me. 1974). · cites it 3× “In January 1971, on the theory that plaintiff’s continuing possession of the mortgaged real estate constituted an “unjust disseizin” of the mortgagee’s interest, the Bank sought a writ of possession under 14 M.R.S.A. §§ 6251, 6252. In May 1971, the Superior Court granted the…”
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