After a Maine foreclosure occurs, whether it is judicial or non-judicial, the new owner of the home needs to follow the legal requirements for an eviction in order to make the original owners leave. The eviction process varies depending on whether you are attempting to remove tenants or the homeowners themselves.
Maine foreclosures must be done in court, as opposed to having the right of forced sale written into the mortgage contract. The average Maine foreclosure takes approximately 240 days, according to Realty Trac. Most lenders do not immediately seek a foreclosure when a borrower goes into default. Instead the borrower is usually several months late before the lender looks at foreclosure as an option.
A borrower can stop a Maine foreclosure at several steps in the process. The first opportunity occurs once the notice of default is given to the borrower. He can pay all back payments and any associated fees to stop the foreclosure before the lender files in court. The next opportunity occurs after the Maine court grants the foreclosure to the lender. The borrower gets 90 days following the foreclosure judgment to make sufficient payments to stop the foreclosure sale.
The eviction process is much different for Maine tenants living in a foreclosed home than homeowners. A federal law called the "Protecting Tenants at Foreclosure Act of 2009" prevents the new owners of a foreclosed property from terminating existing lease agreements. Instead the new owners are now landlords, and must wait until the end of the lease term to evict the tenants. The only exceptions to this occur when a tenant has a month-to-month lease or the new owner wants to occupy the property. In both situations, a 90-day notice must precede the eviction filing.
If the original Maine homeowners refuse to vacate the property and do not redeem it, the lender or new owner can file an eviction lawsuit in Maine court. The eviction process involves a hearing prior to the physical eviction. Generally the homeowners will either move out or not show up to the eviction hearing, so a default judgment of eviction is given to the new owner. The owner may need to follow up the eviction judgment with a Writ of Execution filing if the original owners ignore the court judgment. This filing permits a sheriff to come on to the property, enter the property and make the original owners leave the home.
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