An Act To Amend the Laws Governing Mechanics Liens
Maine Legislature, Session 122, LD 0260
Committee: Business, Research and Economic Development
Sponsors: BERUBE, BRYANT-DESCHENES, GLYNN, SHERMAN, SHIELDS, HOBBINS

Legislative Document 
No. 260 
H.P.199 
House of Representatives, January 18, 2005 
An Act To Amend the Laws Governing Mechanics Liens 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative BERUBE of Lisbon. 
17/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BRYANT-DESCHENES of Turner, GLYNN of South 
Portland, SHERMAN of Hodgdon, SHIELDS of Auburn, Senator: HOBBINS of York. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRS A §3255. sub-§2. as amended by PL 1993, c. l3 7 , 
§2, is further amended to read: 
2. 
Bona fide purchaser. 
Any person who is a bona fide 
purchaser for value of a 
house, 
building or appurtenances, 
a 
public building erected or owned by any city, 
town, 
county, 
school district or other municipal corporation, or a wharf or 
pier or any building thereon, including the ground adjacent to 
and upon which any such objects are constructed, takes title free 
of the lien described in this chapter unless, before the bona 
fide purchaser takes title to the premises on which such lien 
attaches, 
the 
person 
performing 
or 
furnishing 
that 
labor, 
materials or services either has filed the notice required by 
section 3253 or has filed a notice in the office of the register 
of deeds 
in the county or registry district in which these 
premises are located setting forth a description of the property 
sufficiently accurate to identify it; the names of the owners; 
that the claimant is going to perform or furnish, is performing 
or furnishing or has performed or furnished labor, materials or 
services; and that the claimant may claim a lien therefor; and, 
if an action to enforce the lien has been cOmmenced pursuant to 
this section, that person has caused to be recorded in that 
registry, within 30 days of the filing of that action in court, 
the certificate described in section 3261 or a certified copy of 
~he complaint filed in that action containing at minimum the same 
information as required in the certificate described in section 
.lihl. 
If the claimant is a real estate licensee, the claimant 
shall 
also 
send 
notice 
by 
certified 
mail, 
return 
receipt 
requested, or provide actual written notice as described in this 
subsection to the bona fide purchaser before the purchaser takes 
title to the premises on which the claimant's lien attaches. 
If 
notice is not provided, the purchaser takes title free of this 
lien. 
If notice provided by this subsection is filed, the lien 
claimant must also comply with the notice requirements of section 
3253 and institute the legal action required by subsection 1 to 
the extent that this compliance is required in order to preserve 
the 
claimant'S 
lien 
claim. 
The 
notice 
provided 
by 
this 
subsection is only effective relative to a bona fide purchaser 
for value for the period of 120 days from the date of recording 
thereof provided that this notice may again be recorded any 
number of times, but further notices are also only effective 
relative to a bona fide purchaser for value for the period of 120 
days each from the date of their respective recordings. 
Page l-LR0322(1) 
SUMMARY 
This bill 
amends 
the 
laws 
governing mechanics 
liens 
to 
require a lien claimant who has preserved a lien by filing an 
action in court to file a certificate or copy of the complaint in 
the registry of deeds within 30 days of bringing the action. 
Under current law, a lien claimant must file an action wi thin a 
specified period but is not required to file evidence of the 
commencement of the action in the registry of deeds.