United States of America level Maine level Up-to-date laws controlling mortgage lending in Maine
Mortgage Laws

You might have contemplated securing a home or property in Maine State of the United States. Taking a mortgage loan in the state can be the most viable option for you in meeting this objective. To help you out in your pursuit for mortgage in the Pine Tree State of Maine, the laws and special aspects of mortgage in the state have been focused upon here.

  • The laws regarding non-bank mortgage lending, consumer credit and collection for the state are administered by the Office of Consumer Credit Regulation.

  • Mortgage Bankers Association of Maine is considered as the leader in the mortgage industry. This association provides education to the members and offers increased home ownership opportunities to the residents of the state. They also cater online compliance and legislative updates on mortgage, networking opportunities and newsletters.

  • The Credit Service Organizations or CSOs (often referred to as 'mortgage brokers' or 'loan brokers') need to be registered in order to carry out any of their activities in the state. For such registration no previous loan broker experience is required, nor is there any requirement for continuing education of the applicants and registrants at present.

  • The Maine Law Regarding Mortgage Volume fees amendment grants authority to the director of the Office of Consumer Credit regulation for lowering of the volume fees in case they result in excessive revenue.

  • Commonly court foreclosures take place in Maine. The foreclosure process usually takes around 9 months. In the state the lenders can foreclose on mortgages in default by using either the judicial foreclosure process or the strict foreclosure process. The strict foreclosure method is primarily employed here.

    The judicial foreclosure method pursued by the lenders involves filing a lawsuit in order to obtain a court order to foreclose. However, it is used only in special circumstances.

    The strict foreclosure process finds its basis in the doctrine of the state's foreclosure in which the lender owns the property till the mortgage loan has been completely paid off. In case the borrower breaks any of the conditions established in the mortgage before the loan is fully paid then the borrower will lose any right to the property. The lender will then either take possession of the property or sell it.

  • There is right to redemption in the state. In case of both the judicial and strict foreclosures the borrower will get either a three month (in case of pre-1975 mortgages) or a twelve month (for post-1975 mortgages) redemption period. In case the lender decides to sell the property without first taking possession of it then the lender has to file an initial suit and wait till the redemption period is over in order to sell off the property by certain special procedures set forth by the court.

  • The lender can file for a deficiency judgment. However, it is limited to the difference between the fair market value and the balance of the mortgage in default. This fair market value is determined by an appraisal.

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