2010 Maine Code
TITLE 14: COURT PROCEDURE -- CIVIL
Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES
14 §6251. Form of complaint
Part 7: PARTICULAR PROCEEDINGS
Subchapter 4: ACTION FOR POSSESSION
§6251. Form of complaint
The mortgagee or person claiming under the mortgagee in an action for possession may declare on the mortgagee's own seizin, in a real action, without naming the mortgage or assignment. If it appears that the plaintiff is entitled to possession and that the condition had been broken when the action was commenced, the court shall, on motion of either party, award the conditional judgment, unless it appears that the tenant is not the mortgagor or a person claiming under the mortgagor, the plaintiff not consenting to such judgment. Unless such judgment is awarded, judgment is entered as at common law. [2007, c. 391, §6 (AMD).]
SECTION HISTORY
2007, c. 391, §6 (AMD).
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