§6321-A. Foreclosure mediation program 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. “Court” means the Supreme Judicial Court. [PL 2009, c. 402, §18 (NEW).] B. “Program” means the foreclosure mediation program established pursuant to subsection 3. [PL 2009, c. 402, […]
§6321-B. Expedited final hearing in certain foreclosure cases 1. Request. The court shall schedule an expedited final hearing pursuant to section 6322 if a plaintiff in an action brought pursuant to section 6321 files with the clerk a request for an expedited final hearing on a form prescribed by the Supreme Judicial Court indicating: […]
§6321. Commencement of foreclosure by civil action After breach of condition in a mortgage of first priority, the mortgagee or any person claiming under the mortgagee may proceed for the purpose of foreclosure by a civil action against all parties in interest in either the Superior Court or the District Court in the division in […]
§6322-A. Notice to tenants of foreclosure judgment The mortgagee shall, after entry of final judgment in favor of the mortgagee, provide a copy of the foreclosure judgment to any residential tenant of the premises. Upon request from a mortgagee, the mortgagor shall provide the name, address and other contact information for any residential tenant. A […]
§6322. Hearing and judgment 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 […]
§6323. Sale following expiration of period of redemption 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 […]
§6324. Proceeds of sale After first deducting the expenses incurred in making the sale, the mortgagee shall disburse the remaining proceeds in accordance with the provisions of the judgment. The mortgagee shall file a report of the sale and the disbursement of the proceeds therefrom with the court and shall mail a copy to the […]
§6325. Exceptions The method of foreclosure set forth in sections 6321 to 6324 may be used for the foreclosure of all real property mortgages, except for railroad mortgages, so called, or for indentures or deeds of trust securing bond issues of corporations wherein the method of foreclosure or sale is provided in the indenture or […]
§6326. Order of abandonment for residential properties in foreclosure 1. Plaintiff request. The plaintiff in a judicial foreclosure action may present evidence of abandonment as described in subsection 2 and may request a determination pursuant to subsection 3 that the mortgaged premises have been abandoned if: A. More than 50% of the mortgaged premises […]
§6327. Abatement of nuisance and preservation of property by mortgage loan servicer 1. Actions to abate nuisance and preserve property. After the commencement of an action for foreclosure, a mortgage loan servicer, as defined in Title 9‑A, section 1‑301, subsection 24‑C, may file an affidavit attesting to the conditions described in subsection 2 and any […]
