Maine Legislature, Session 122, LD 0260
Committee Amendment CA_A_H540 (House)
Amends: 10 MRSA §3261

COMMITTEE 
AMENDMENT ,A" to H. P • 199, L. D. 
Act To Amend the Laws Governing Mechanics Liens" 
260, Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 10 MRS A §3255, sub-§2, as amended by PL 1993, c. 137, 
§2, is repealed and the following enacted in its place: 
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: 
A. 
The 
person 
performing 
or 
furnishing 
that 
labor, 
materials or services either has filed the notice reguired 
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 
COMMITTEE AMENDMENT 
~,. 
~ 
COMMITTEE AMENDMENT .. A 
.. to H.P. 199, L.D. 260 
B. 
If an action to enforce the lien has been commenced in 
accordance with this section, notice has been provided in 
accordance with section 3261. 
I f 
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. 
Sec. 2. 10 MRSA §3261, as amended by PL 1981, c. 585, §5, is 
repealed and the following enacted in its place: 
§3261. Certificate to be fi1ed with register of deeds 
1. 
Certificate of court clerk. 
When a complaint provided 
for in chapters 601 to 631 in which a lien is claimed on real 
estate is filed with the Superior Court or District Court clerk, 
the 
clerk 
shall 
forthwith, 
upon 
written 
request 
of 
the 
plaintiff's attorney, file a certificate setting forth the names 
of the parties, the date of the complaint and of the filing of 
the complaint and a description of the real estate as described 
in the complaint in the registry of deeds for the county or 
district in which the land is situated. 
2. 
Notice of lien comp1aint. 
When a complaint has been 
filed with the Superior Court or District Court pursuant to this 
chapter. the claimant shall. within 60 days of the date on which 
the complaint was filed, cause to be recorded in the registry of 
deeds for the county or district in which the land is situated 
either: 
A. 
A certificate of the court clerk in accordance with 
subsection 1; 
B. 
An affidavit of the claimant or claimant's attorney 
setting forth the name of the court in which the complaint 
COMMITTEE AMENDMENT 
~e, 
~~ 
COMMITTEE AMENDMENT .. A .. to H.P. 199, L.D. 260 
was filed, 
the 
names 
of the parties, 
the date of 
the 
complaint and of the filing of the complaint, a description 
of the real estate as described in the complaint and the 
name, address and telephone number of the claimant or the 
claimant's attorney; or 
C. 
An attested copy of the complaint. 
3. 
Failure to file notice of lien complaint. 
The failure 
to file notice of a lien complaint in accordance with subsection 
does not invalidate a lien, but if notice of the filing of a 
lien complaint is not recorded in the registry of deeds in 
accordance with this section before a bona fide purchaser takes 
title to the premises, the bona fide purchaser for value takes 
title free of the lien.' 
SUMMARY 
This amendment replaces the bill. 
This 
amendment to the mechanics lien laws requires lien 
claimants to file a notice in the registry of deeds within 60 
days of filing a complaint in court to perfect the lien. 
This 
notice will inform potential purchasers of the property that the 
lien claim has been perfected and that the property is subject to 
the 
lien. 
Failure to file 
the 
notice before 
a 
bona 
fide 
purchaser takes title to property will defeat the lien claim. 
COMMITTEE AMENDMENT