Detailed Answer

Short answer: Yes — in Maine parties can often use a signed consent order (also called a stipulation or consent judgment) to resolve an issue and avoid a contested hearing, but only if the court approves the proposed order and no statute, rule, or third‑party right requires a hearing or additional process. Certain situations (for example, distributions involving liens, foreclosure sales, guardianships, or matters affecting minors or unknown creditors) may require specific court procedures or notice that a simple consent order cannot bypass.

What a consent order is and how it works

A consent order is a written agreement between the parties that the judge signs and enters as a court order. Once entered, it has the force of a court judgment and becomes enforceable in the same way as any other order of the court. In many civil cases in Maine the parties can submit a proposed consent order or stipulation asking the court to enter the terms they agreed to, avoiding a contested hearing if the judge finds the terms lawful and fair.

When a consent order will usually work to distribute sale proceeds

If the sale proceeds are between the litigants and no statute or other party’s rights are implicated, the parties may draft a stipulation for the court to enter directing distribution of funds.
If the court already holds sale proceeds in its registry, a signed stipulation and proposed order commonly will allow the clerk or judge to disburse the funds without a contested hearing, provided all required parties have been served and the court approves.
When parties agree on distribution and there are no unresolved liens or creditor claims, a consent order is an efficient way to close a case and get the money distributed.

When a hearing or additional court process is likely required in Maine

The court cannot lawfully enter an order that violates Maine statutes or deprives an uninterested third party of a protected right without appropriate notice or process. Common examples where a hearing or additional steps are likely required:

There are recorded liens (mortgage, judgment, tax liens) or claimed priorities that must be resolved or paid in a specific order.
The property sale arises from a foreclosure, sheriff’s sale, or execution where statutory redemption periods or distribution rules apply.
Proceeds are held in a probate, guardianship, conservatorship, or estate matter that involves minors or unknown creditors — statutory notice and accounting rules may apply.
A third party (for example, a creditor who was not a party to the stipulation) objects or was not given required notice under Maine law or court rules.
The proposed distribution would violate a court order already in place (for example, a prior judgment awarding proceeds to a particular creditor) or would interfere with enforcement of liens filed with the clerk.

Practical steps to try to use a consent order in Maine

Get a complete title and lien search. Identify all recorded liens, judgments, tax claims, and other encumbrances that affect the sale proceeds.
Put the agreement in writing. Draft a clear stipulation describing how sale proceeds will be divided and which claims (if any) will be paid from the funds.
Draft a proposed consent order for the judge to sign. Include language directing the clerk on disbursement and any releases to be filed after payment.
Serve or give notice to all parties and any known lienholders or creditors who might have an interest. If the law requires broader notice (for example, creditor notice in probate), follow that rule.
File the stipulation and proposed order with the court and ask the court to enter it. Be prepared to show the court that the distribution complies with law and that all interested parties were given notice.
If the court signs the consent order, get it implemented through the clerk (payment, releases, and recordation of satisfaction of liens as needed).

Where to check Maine law and rules

General rules and court procedures that govern consent orders and stipulations are maintained by the Maine Judicial Branch. See the Maine court rules collection for civil procedure and local rules: Maine Judicial Branch — Rules.

Statutes applicable to court practice and civil procedure are published in the Maine Revised Statutes; review Title 14 (Courts and Civil Procedure) for statutory procedures that may affect distribution of sale proceeds: Maine Revised Statutes, Title 14.

Hypothetical example

Two co‑owners sell a house and the buyer’s funds are held by the court after a dispute over net proceeds. The co‑owners and one remaining creditor agree how to split the money. They sign a written stipulation and file a proposed consent order with the court attaching the lien payoff figures. The creditor signs the stipulation and the parties confirm that no other claims exist. The parties ask the judge to enter the consent order directing the clerk to disburse funds. If the judge is satisfied that notice rules were met and the distribution complies with any statutory priorities, the judge can sign the order and the clerk can distribute the money without a contested hearing. If a town tax lien or an unknown creditor emerges, the court will require additional notice or might hold a hearing before approving distribution.

Enforcement and risks

Once entered, a consent order is enforceable. If one party later refuses to comply, the other party can seek enforcement (motion for contempt or execution on the judgment). However, if a required creditor, lienholder, or statutory process was omitted, a third party can challenge the distribution and the court may be required to unwind or modify the disbursement.

Final points

Consent orders are a powerful tool to avoid contested hearings and speed distributions, but they do not let parties ignore statutory protections or third‑party rights. When sale proceeds involve lien priorities, probate issues, or public‑law obligations (taxes, municipal liens), follow the specific statutes and notice requirements before asking the court to enter a consent order.

Disclaimer

This article explains general principles of Maine law for educational purposes only. It is not legal advice. Consult a licensed Maine attorney about your specific facts before relying on a consent order to distribute sale proceeds.

Helpful Hints

Do a full title/lien search before drafting any agreement.
Put all terms in a written stipulation and attach lien payoff documentation where possible.
Serve or notify all parties and known lienholders; follow statutory notice rules for probate, tax liens, or guardianship matters.
Use clear language in the proposed consent order so the clerk knows how to disburse funds and what satisfactions/releases to record.
Ask the court to enter the order rather than attempt private disbursement if funds are in the court registry or if the case is pending.
Keep evidence of delivery of notices and signed releases in case a third party later challenges the distribution.
If multiple lien priorities exist, request the court to approve the order after verifying payoffs — courts often prefer a hearing or brief review if competing claims exist.
When in doubt, hire a Maine attorney to draft the stipulation and proposed order and to confirm that all statutory steps have been taken.