Maine Notice of Lien Form

You may want to consider “bonding off” the mechanic’s lien. You can petition a court to release the mechanic’s lien in exchange for you providing a surety bond in an amount sufficient to pay the amount of the asserted claim. The surety bond then replaces your property as security for the mechanic’s lien claim. Many times, this can be done by agreement between the parties.

10 M.R.S. § 3263 provides: “Any owner of a building . . . or real estate upon which a lien is claimed may petition in writing the judge or justice of the court in which the lien action is filed setting forth the name of the lienor, the court and county or division in which the action is pending, the fact that a lien is claimed thereon under sections 3251 to 3254, the particular building . . . or real estate, and his interests therein, its value and his desire to have it released from said lien. The judge or justice shall issue a written notice which shall be served on the lienor or his attorney 10 days at least prior to the time fixed therein for a hearing. At the hearing, the judge or justice may order such owner to give bond to the lienor in such amount and with such sureties as he may approve, conditioned to pay the amount for which such lienor may be entitled to a lien as determined by the court, with his costs in the action, within 30 days after final decree or judgment. The clerk shall give the plaintiff an attested copy of the complaint and proceedings, with a certificate under seal of the court attached thereto, that such bond has been duly filed in his office. The record of such copy and certificate in the registry of deeds, in the county or district where such real estate or interest therein lies, vacates the lien.”

Keep in mind that “bonding off” the mechanic’s lien does not resolve the underlying dispute about whether and how much, if anything, the lienor is entitled to be paid.

You may well have the right to assert and pursue a mechanic's lien if you meet these requirements under Maine law, which provides: "Whoever . . . performs services as . . . a real estate licensee . . . in selling any interest in land, improvements or structures, by virtue of a contract with or by consent of the owner, has a lien thereon and on the land on which it stands and on any interest such owner has in the same, to secure payment thereof, with costs." 10 M.R.S. § 3251.

You should also be aware that, assuming you have a contract directly with the property owner, you must commence an “action against the debtor and owner of the property affected and all other parties interested therein, filed with the Superior Court or District Court clerk in the county or division where the house, building or appurtenances, wharf, pier or building thereon on which a lien is claimed is situated within 120 days after the last of the labor or services are performed or labor, materials or services are so furnished . . . .” 10 M.R.S. § 3255.

Finally, you may have other rights and remedies besides pursuing a mechanics lien.

Perhaps, but it depends on the facts. Maine law provides: “Whoever performs labor or furnishes labor or materials, . . . used in erecting, altering, moving or repairing a house, . . . by virtue of a contract with or by consent of the owner, has a lien thereon and on the land on which it stands and on any interest such owner has in the same, to secure payment thereof, with costs.” 10 M.R.S. § 3251.

It appears you meet the “performs labor” and “repairing a house” requirements, but was your labor performed “by virtue of a contract with or by consent of the owner”?

You should also be aware that, if you do not have a contract directly with the property owner, you must file/record any lien claim (called a Notice of Lien) in the registry of deeds for the county in which the property is located within 90 days of the date of last furnishing labor or materials.

Finally, you may have other rights and remedies besides pursuing a mechanics lien.