Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 6323 (2026)

Sale following expiration of period of redemption

✓ current as of May 2026
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1.  Procedures for all civil actions.  Upon expiration of the period of redemption, if the mortgagor or the mortgagor's successors, heirs or assigns have not redeemed the mortgage, any remaining rights of the mortgagor to possession terminate, and the mortgagee shall cause notice of a public sale of the premises stating the time, place and terms of the sale to be published once in each of 3 successive weeks in a newspaper of general circulation in the county in which the premises are located, the first publication to be made not more than 90 days after the expiration of the period of redemption. Except when otherwise required under 12 Code of Federal Regulations, Section 1024.41 or any successor provision, the public sale must be held not less than 30 days nor more than 45 days after the first date of that publication. Except for sales of premises that the court has determined to be abandoned pursuant to section 6326, the public sale may be adjourned, for any time not exceeding 60 days, by announcement to those present at any such adjournment. The court, upon motion of the mortgagee, filed before the deadline for sale and showing good cause, may grant such further extensions of the mortgagee's time to sell as it considers appropriate. For sales of premises that the court has determined to be abandoned pursuant to section 6326, the public sale may be adjourned once for any time not exceeding 7 days, except that the court may permit one additional adjournment for good cause shown. Adjournments may also be made in accordance with the requirements of 12 Code of Federal Regulations, Section 1024.41 or any successor provision. The mortgagee, in its sole discretion, may allow the mortgagor to redeem or reinstate the loan after the expiration of the period of redemption but before the public sale. The mortgagee shall convey the property to the mortgagor upon redemption or may execute a waiver of foreclosure in conjunction with a reinstatement only with the written consent of the mortgagor. A waiver of foreclosure and the consent of the mortgagor to the waiver must be included in a stipulation of dismissal of the foreclosure and signed by the mortgagee and mortgagor or their respective attorneys, and, upon the filing of the stipulation of dismissal with the court, all other rights of all other parties remain as if no foreclosure had been commenced. The mortgagee shall sell the premises to the highest bidder at the public sale and deliver a deed of that sale and any writ of possession that has been issued to the purchaser. The deed conveys the premises free and clear of all interests of the parties in interest joined in the action. The mortgagee or any other party in interest may bid at the public sale. If the mortgagee is the highest bidder at the public sale, there is no obligation to account for any surplus upon a subsequent sale by the mortgagee. Any rights of the mortgagee to a deficiency claim against the mortgagors are limited to the amount established as of the date of the public sale. The date of the public sale is the date on which bids are received to establish the sales price, no matter when the sale is completed by the delivery of the deed to the highest bidder. If the property is conveyed by deed pursuant to a public sale in accordance with this subsection, a copy of the judgment of foreclosure and evidence of compliance with the requirements of this subsection for the notice of public sale and the public sale itself must be attached to or included within the deed, or both, or otherwise be recorded in the registry of deeds.  
[PL 2019, c. 408, §1 (AMD).]
2.  Additional notice requirements for civil actions commenced on or after January 1, 1995.  In foreclosures by civil action commenced on or after January 1, 1995, the mortgagee shall cause notice of the public sale to be mailed by ordinary mail to all parties who appeared in the foreclosure action or to their attorneys of record. The notice must be mailed no less than 30 calendar days before the date of sale. Failure to provide notice of the public sale to any party who appeared does not affect the validity of the sale.  
[PL 1993, c. 544, §1 (NEW).]
3.  Extension of deadline.  Upon a showing of good cause, the court may extend a deadline established by this section for the publication of the notice of sale or conducting the public sale.  
[PL 2009, c. 402, §20 (NEW).]
SECTION HISTORY
PL 1975, c. 552, §5 (NEW). PL 1983, c. 447, §4 (RPR). PL 1993, c. 373, §2 (AMD). PL 1993, c. 544, §1 (RPR). PL 2005, c. 291, §1 (AMD). PL 2007, c. 103, §1 (AMD). PL 2009, c. 402, §20 (AMD). PL 2013, c. 521, Pt. C, §1 (AMD). PL 2019, c. 408, §1 (AMD).
Notes of Decisions
Cited in 37 cases (7 in the last 5 years), 1984–2025 · leading case: Keybank Nat'l Ass'n v. Sargent, 2000 ME 153 (Me. 2000).
Keybank Nat'l Ass'n v. Sargent, 2000 ME 153 (Me. 2000). · cites it 4× “In that complaint, Sargent claims that KeyBank did not comply with the notice provisions of 14 M.R.S.A. § 6323 (Supp. 1999) because in its first notice of public sale, it published a picture of a home other than Sargent’s.”
Bankr. Est. of Jokhn B. Everest & Susan E. Everest v. Bank of Am., N.A., 2015 ME 19 (Me. 2015). · cites it 4× “Bank of America did not sell this interest within the specified time period pursuant to 14 M.R.S. § 6323 (2014), nor did it appear in the senior foreclosure to assert its interest in redeeming the senior mortgage within the redemption period.”
In Re Cormier, 147 B.R. 285 (Bankr. D. Me. 1992). · cites it 3× “14 M.R.S.A. § 6323 provides, in pertinent part: "Upon expiration of the period of redemption, if the mortgagor, his successors, heirs or assigns have not redeemed the mortgage, any remaining rights of the mortgagor to possession shall terminate_” 25 .”
John A. Thurston v. Jenny G. Galvin, 2014 ME 76 (Me. 2014). · cites it 2× “That process envisions, ultimately, a public sale of the premises, 14 M.R.S. § 6323, with any net proceeds of the sale going to the defaulting purchaser after payment of the outstanding loan balance and costs of the foreclosure proceeding, 14 M.”
In Re Mckinney 1, 344 B.R. 1 (Bankr. D. Me. 2006). · cites it 4× “14 M.R.S.A. § 6323; Cormier, supra . The filing of a post-auction report of sale is not a condition to effective title transfer via foreclosure sale.”
United States v. Harriman, 851 F. Supp. 2d 190 (D. Me. 2010). · cites it 5× “Section 2002 , 14 M.R.S.A. Sections 6323, 6324, and this judgment.”
Bank of Am., N.A. v. Scott Greenleaf, 2015 ME 127 (Me. 2015). “1, 2014) (codified at 14 M.R.S. § 6323(1) (2014)). The Legislature has also added a new section to the foreclosure statutes.”
Atl. Oceanic Kampgrounds, Inc. v. Camden Nat'l Bank, 473 A.2d 884 (Me. 1984). · cites it 2× “[2] Compare foreclosure through civil action under subchapter IV of c. 713 which anticipates a public sale of the mortgaged property and requires that any surplus be paid to the mortgagor.”
Cadle Co. v. Lcm Assocs., 2000 ME 73 (Me. 2000). · cites it 2× “LCM contends that Cadle is not entitled to a deficiency judgment because it failed to follow the requirements of 14 M.R.S.A. § 6323 (1980 & Supp.1999). We vacate the judgment.”
Key Bank of Maine v. Walton, 673 A.2d 701 (Me. 1996). · cites it 2× “Assessment of the Deficiency Relying on 14 M.R.S.A. § 6323, Walton contends that the foreclosure statute limits the bank to recovering only those expenses it incurred before the date of the actual foreclosure sale.”
JPMorgan Chase Bank v. McKinney (In re McKinney), 344 B.R. 1 (Bankr. D. Me. 2006). · cites it 4× “14 M.R.S.A. § 6323; Cormier, supra. The filing of a post-auction report of sale is not a condition to effective title transfer via foreclosure sale.”
United States Dep't of Hous. & Urban Dev. v. Union Mortg. Co., 661 A.2d 163 (Me. 1995). “544, 14 M.R.S.A. section 6323 was amended to provide, “In foreclosures by civil action commenced on or after January 1, 1995, the mortgagee shall cause notice of the public sale to be mailed by ordinary mail to all parties who appeared in the foreclosure action or to their…”
— Me. Rev. Stat. tit. 14, § 6323(1) — 13 cases
Bank of Am., N.A. v. Scott Greenleaf, 2015 ME 127 (Me. 2015). “1, 2014) (codified at 14 M.R.S. § 6323(1) (2014)). The Legislature has also added a new section to the foreclosure statutes.”
Keybank Nat'l Ass'n v. Sargent, 2000 ME 153 (Me. 2000). “In that complaint, Sargent claims that KeyBank did not comply with the notice provisions of 14 M.R.S.A. § 6323 (Supp. 1999) because in its first notice of public sale, it published a picture of a home other than Sargent’s.”
In Re Mckinney 1, 344 B.R. 1 (Bankr. D. Me. 2006). “14 M.R.S.A. § 6323; Cormier, supra . The filing of a post-auction report of sale is not a condition to effective title transfer via foreclosure sale.”
United States v. Harriman, 851 F. Supp. 2d 190 (D. Me. 2010). “Section 2002 , 14 M.R.S.A. Sections 6323, 6324, and this judgment.”
JPMorgan Chase Bank v. McKinney (In re McKinney), 344 B.R. 1 (Bankr. D. Me. 2006). “14 M.R.S.A. § 6323; Cormier, supra. The filing of a post-auction report of sale is not a condition to effective title transfer via foreclosure sale.”
— Me. Rev. Stat. tit. 14, § 6323(2) — 3 cases
In Re Mckinney 1, 344 B.R. 1 (Bankr. D. Me. 2006). “14 M.R.S.A. § 6323; Cormier, supra . The filing of a post-auction report of sale is not a condition to effective title transfer via foreclosure sale.”
JPMorgan Chase Bank v. McKinney (In re McKinney), 344 B.R. 1 (Bankr. D. Me. 2006). “14 M.R.S.A. § 6323; Cormier, supra. The filing of a post-auction report of sale is not a condition to effective title transfer via foreclosure sale.”
Barron v. Shapiro & Morley, LLC (Me. Super. Ct 2016).
— Me. Rev. Stat. tit. 14, § 6323(3) — 6 cases
In re Anderson, 594 B.R. 509 (2018).
HSBC Bank USA, N.A. v. Gordon (Me. Super. Ct 2014).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.