What Foreclosure cases qualify for the Foreclosure Diversion Program?
All mortgage foreclosure actions filed after December 31, 2009, against defendants who are owner-occupants of one- to- four family, residential properties located in Maine qualify for the program if the property involved is the primary residence of the homeowner. The Court has defined “owner-occupant” to include a mortgagor of a residential property who resided at that property as that individual’s primary residence within 180 days prior to commencement of the foreclosure action and who has not established primary residence at another property subject to a mortgage with that individual as the mortgagor. Additionally, courts may order foreclosure actions filed on or before December 31, 2009, to mediation if the action has not yet resulted in final judgment as of January 1, 2010, and the court makes certain findings specified in M.R.Civ. P. 93(q)(1).
