Maine Revised Statutes Title 14 Sec. 6321-B – Expedited final hearing in certain foreclosure cases
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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:
A. That mediation conducted pursuant to section 6321?A did not result in the settlement or dismissal of the action and that all of the defendants and all of the parties in interest who have appeared in the action have consented to an expedited final hearing pursuant to section 6322; or [PL 2015, c. 243, §1 (NEW).]
B. That the defendant has not filed an answer to the complaint as provided by the Maine Rules of Civil Procedure and section 6321?A and that all of the parties who have filed an answer in the action have consented to an expedited final hearing. [PL 2015, c. 243, §1 (NEW).]
[PL 2015, c. 243, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 14 Sec. 6321-B
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
2. Consent. The request filed under subsection 1 must be accompanied by a consent form, as prescribed by the Supreme Judicial Court, that informs defendants that they may consult with an attorney or a housing counselor before consenting to an expedited hearing.
A. For a request filed under subsection 1, paragraph A, the consent form must be signed by all of the defendants and all of the parties in interest who have appeared in the action. [PL 2015, c. 243, §1 (NEW).]
B. For a request filed under subsection 1, paragraph B, the consent form must be signed by all of the parties who have appeared in the action and all of the parties who have filed an answer in the action. [PL 2015, c. 243, §1 (NEW).]
[PL 2015, c. 243, §1 (NEW).]
3. Scheduling. The court, upon receiving a request for an expedited final hearing filed in accordance with subsection 1, shall, as the interests of justice permit, set the expedited final hearing not less than 45 days after the request is filed.
[PL 2015, c. 243, §1 (NEW).]
4. Final hearing. An expedited final hearing held pursuant to this section must be conducted in accordance with section 6322 and this subsection.
A. Notwithstanding that a default may have been entered against the defendant by the clerk pursuant to the Maine Rules of Civil Procedure, Rule 55, the defendant may appear and defend at the expedited final hearing held pursuant to this section. [PL 2015, c. 243, §1 (NEW).]
B. The burden of proof and legal requirements for entry of a judgment of foreclosure are the same as in other actions pursuant to section 6321, including the requirement that a judgment of foreclosure specify the priority and those amounts, if any, that may be due to the parties in interest that have appeared in the action. [PL 2015, c. 243, §1 (NEW).]
C. After the expedited final hearing, the court shall issue a written judgment of foreclosure, dismissal with or without prejudice or judgment for the defendant as expeditiously as the interests of justice permit. [PL 2015, c. 243, §1 (NEW).]
[PL 2015, c. 243, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 243, §1 (NEW).