Legal Question in Real Estate Law in Maine

Re: foreclosure-change of locks

If you have been completely locked out only becasue you are in default, most likely it is not legal. However, in a conventional mortgage situation, the mortgage does allow for the Bank to protect its collateral, so if the property is vacant, the Bank can change locks to winterize, protect it from vandals, etc but cannot exclude you. To do this correctly the Bank either needs to work with you, provide advance notice to you, give you the combination for the new lock, or change all locks but keep 1 lock original.

With a second property of commercial property, it is also possible for the mortgage to be foreclosed not bu use of the Courts, but by a notice process called "power of Sale" that would also be allowed by the terms of the Mortgage.