§6101. Attorney’s fees For the foreclosure of a mortgage by any method authorized by this chapter, if the mortgagee prevails, the mortgagee or the person claiming under the mortgagee may charge a reasonable attorney’s fee which is a lien on the mortgaged estate, and must be included with the expense of publication, service and recording […]
§6102. Mortgage as asset of decedent’s estate Lands mortgaged to secure the payment of debts or the performance of any collateral engagement, and the debts so secured are, on the death of the mortgagee or person claiming under him, assets in the hands of his executors or administrators. They shall have the control of them […]
§6103. Judicial determination of breach of condition In all cases where a debtor has mortgaged real and personal estate to secure the performance of a collateral agreement or undertaking, other than the payment of money, and proceedings have been commenced to foreclose said mortgage for alleged breach of the conditions thereof, but the time of […]
§6104. Limitation of action on undischarged mortgage When the record title of real estate is encumbered by an undischarged mortgage, and the mortgagor and those having his estate in the premises have been in uninterrupted possession of such real estate for 20 years after the expiration of the time limited in the mortgage for the […]
§6105. Owners in severalty may join in complaint Any 2 or more persons owning in severalty different portions or different interests of the character above described, in the whole or in different portions thereof, may join in one complaint. Two or more defects arising under different mortgages affecting one parcel of land may be set […]
§6106. Limitation on undischarged mortgage to secure contingent liability When the mortgagor of such an undischarged mortgage and those having his estate in the premises have been in uninterrupted possession of such real estate for 20 years from the date thereof, and it shall appear that such mortgage was not given to secure the payment […]
§6107. Description of unknown mortgagees; service of complaint When it is alleged under oath in the complaint that the mortgagees or persons claiming under them are unknown or that their names are unknown, they may be described generally as claiming by, through or under some person or persons named in the complaint. Service shall be […]
§6108. Court has jurisdiction over all defendants Upon the service of such notice in accordance with the order of the court, the court shall have jurisdiction of all persons made defendants in the manner provided, and shall upon due hearing make such decree upon the complaint and as to costs as it shall deem proper. […]
§6109. Decree bars claims The decree of the court determining the validity, nature or extent of any such encumbrance shall operate directly on the land as a proceeding in rem, and shall be effectual to bar all the defendants from any claim thereunder contrary to such determination, and such decree so barring said defendants shall […]
§6110. Tender to guardian of mortgagee; discharge When the mortgagee or person holding under him is under guardianship, a tender may be made to the guardian and he shall receive the sum due on the mortgage; and upon receiving it, or on performance of such other condition as the case requires, he shall execute a […]
§6111. Notice of mortgagor’s right to cure 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 […]
§6112. Statewide outreach To the extent resources are available pursuant to subsection 4, the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection shall engage in the following activities. [PL 2009, c. 402, §15 (NEW).] 1. Hotline. The Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection shall establish a […]
§6113. Mortgage servicer duty of good faith 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. “Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing. [PL 2019, c. 363, §1 (NEW).] B. [PL 2021, c. […]
