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

Me. Rev. Stat. tit. 14, § 6322 (2026)

Hearing and judgment

✓ current as of May 2026
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After hearing, the court shall determine whether there has been a breach of condition in the plaintiff's mortgage, the amount due thereon, including reasonable attorney's fees and court costs, the order of priority and those amounts, if any, that may be due to other parties that may appear and whether any public utility easements held by a party in interest survive the proceedings. For purposes of this section, "public utility easements" has the same meaning as set forth in section 6321.   [PL 1991, c. 744, §3 (AMD).]
If the court determines that such a breach exists, a judgment of foreclosure and sale must issue providing that if the mortgagor or the mortgagor's successors, heirs and assigns do not pay the sum that the court adjudges to be due and payable, with interest within the period of redemption, the mortgagee shall proceed with a sale as provided. Notwithstanding section 6704, for property described in section 6111, a writ of possession may not issue until the expiration of the period of redemption provided for in this section, except that this section does not impair the right of a mortgagee to exercise rights set forth in the mortgage or security instrument to protect the mortgaged property. If the mortgagor or the mortgagor's successors, heirs and assigns pay to the mortgagee the sum that the court adjudges to be due and payable to the mortgagee with interest within the period of redemption, then the mortgagee shall forthwith discharge the mortgage and file a dismissal of the action for foreclosure with the clerk of the court.   [PL 2017, c. 133, §1 (AMD).]
On mortgages executed prior to October 1, 1975, unless the mortgage contains language to the contrary, the period of redemption shall be one year from the date of the judgment. On mortgages executed on or after October 1, 1975, the period of redemption shall be 90 days from the date of the judgment. In either case, the redemption period shall begin to run upon entry of the judgment of foreclosure, provided that no appeal is taken.   [PL 1983, c. 447, §3 (AMD).]
SECTION HISTORY
PL 1975, c. 552, §5 (NEW). PL 1977, c. 618 (RPR). PL 1983, c. 447, §3 (AMD). PL 1991, c. 744, §3 (AMD). RR 2013, c. 2, §27 (COR). PL 2017, c. 133, §1 (AMD).
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Notes of Decisions
Cited in 91 cases (13 in the last 5 years), 1979–2026 · leading case: Chase Home Fin. LLC v. Higgins, 2009 ME 136 (Me. 2009).
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Chase Home Fin. LLC v. Higgins, 2009 ME 136 (Me. 2009). · cites it 3× “2d 702, 705 ; see 14 M.R.S. § 6322 (2008); • the amount due on the mortgage note, including any reasonable attorney fees and court costs, Johnson, 2002 ME 99, ¶ 17 , 800 A.”
Camden Nat'l Bank v. Peterson, 2008 ME 85 (Me. 2008). · cites it 2× “Final Judgment Rule [¶ 12] We first address the bank’s contention that this appeal should be dismissed as interlocutory because the court has not yet calculated attorney fees pursuant to 14 M.”
Keybank Nat'l Ass'n v. Sargent, 2000 ME 153 (Me. 2000). · cites it 2× “See 14 M.R.S.A. § 6322 (Supp. 1999). Because the redemption period begins “to run upon the entry of the judgment of foreclosure,” see 14 M.”
Bankr. Est. of Jokhn B. Everest & Susan E. Everest v. Bank of Am., N.A., 2015 ME 19 (Me. 2015). · cites it 3× “On March 22, 2011, Peoples United was granted a foreclosure judgment pursuant to 14 M.R.S. § 6322 (2014), which states in relevant part: [T]he court shall determine whether there has been a breach of condition in the plaintiffs mortgage, the amount due thereon, including…”
Lewis Lubar, Tr. of the Clover Trust v. Frederick W. Connelly, 2014 ME 17 (Me. 2014). · cites it 2× “2d 508 ; see also 14 M.R.S. § 6322 (2013) (requiring the court to “determine .”
John A. Thurston v. Jenny G. Galvin, 2014 ME 76 (Me. 2014). · cites it 2× “§§ 6321-6325. That process mandates a public sale of real property after the expiration of a redemption period if the court determines that there has been a default.”
Bay View Bank, N.A. v. Highland Golf Mortgagees Realty Trust, 2002 ME 178 (Me. 2002). “56(f); and (4) failing to determine the priority and amount due on the Trust’s mortgage pursuant to 14 M.R.S.A. § 6322. We affirm. I. CASE HISTORY [¶ 2] The issues in this case arise from the financing and development of the Highland Farms Golf Course, located in York.”
United States v. Johansson, 467 F. Supp. 84 (D. Me. 1979). · cites it 5× “Alternatively, if state law is to be applied, the Government argues that it is entitled to the 90-day redemption period provided by 14 M.R.S.A. § 6322. Defendant contends that state law governs and that under state law, her rights are controlled by the provisions of 14 M.”
Fleet Bank of Maine v. Matthews, 795 F. Supp. 492 (D. Me. 1992). · cites it 5× “Plaintiff seeks foreclosure of the First Mortgage and sale of the realty in accordance with 14 M.R.S.A. section 6322 et seq. 2 A bench trial was held on March 5, 1992 on the disputed issues in this case.”
United States v. Belanger, 598 F. Supp. 598 (D. Me. 1984). · cites it 2× “618 (codified at 14 M.R.S.A. § 6322 (1980 and Supp.1984-1985)).”
Patrick F. McBride & Sonya S. McBride v. Steven H. Taylor & Dwight A. Sewall, 924 F.2d 386 (1st Cir. 1991). “See 14 M.R.S.A. § 6322. 4 . Appellees present an interesting argument on the priority of the FmHA’s purchase money security interest in the farm equipment and the bill of sale executed at the time the McBrides signed the voluntary conveyance papers.”
Fed. Deposit Ins. v. Rusconi, 808 F. Supp. 30 (D. Me. 1992). · cites it 2× “Plaintiff seeks foreclosure of the Mortgage and sale of the realty in accordance with 14 M.R.S.A. section 6322 et seq. Plaintiff also seeks to enforce the personal guaranties of the four promissory notes signed by Ms.”
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