| 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 |
| the complaint filed in that action containing at minimum the same |
| information as required in the certificate described in section |
| 3261. 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. |
