LD 658
pg. 3
Page 2 of 3 An Act to Require Notification of a Lien on Property to Be Done by Certified Ma... LD 658 Title Page
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LR 132
Item 1

 
The lien is prior to any mortgage or security interest recorded,
filed or otherwise perfected after the notice, other than a
purchase money security interest perfected in accordance with Title
11, section 9-301, subsection (2) and Title 11, section 9-312,
subsection (4). In the case of any mortgage or security interest
properly recorded or filed prior to the notice of lien that secures
future advances by the mortgagee or secured party, the lien is
junior to all advances made within 45 days after filing of the
notice of lien, or made without knowledge of the lien or pursuant
to a commitment entered into without knowledge of the lien.
Subject to the limitations in this section, the lien provided in
this section has the same force, effect and priority as a judgment
lien and continues for 10 years from the date of recording unless
sooner released or otherwise discharged. The lien may, within the
10-year period, or within 10 years from the date of the last
extension of the lien in the manner provided in this subsection, be
extended by filing for record in the appropriate office a copy of
the notice and, from the time of filing, that lien must be extended
for 10 years unless sooner released or otherwise discharged. A
person or governmental entity who files a lien on real property
pursuant to this subsection shall meet the notice requirements
specified in Title 14, section 4651-A, subsection 5.

 
SUMMARY

 
Current law requires most filers of liens on real property to
notify the property owner by certified mail that a lien has been
filed against the owner's property. There are 3 instances in
Maine law that allow the filing of a lien without notifying the
property owner: when a person has not been paid for providing
materials, labor or services on land or a building of another;
when an animal owner is in violation of the rabies statutes; and
when a taxpayer has not paid state taxes. This bill requires a
person, municipality or the State in these 3 instances,
respectively, to notify the property owner by certified mail that
a lien has been filed against the owner's property.


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