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Home>Levelset Community>Legal Help>As an LLC builder in Maine, how much time must I wait after filing a Mechanics Lien before beginning foreclosure?

As an LLC builder in Maine, how much time must I wait after filing a Mechanics Lien before beginning foreclosure?

MaineLien Foreclosure

I am a builder in Maine who was hired to repair substantial damage to a home in Maine. The terms of payment included on my estimate required payments be made at certain times during reconstruction with a final payment due when reconstruction is complete. The client did, in fact, make the first two required payments. After 2/3rds of the job was completed the client, in writing, stated they could not pay me the third payment required, indicating if that was not acceptable I will have to stop work. I immediately stopped work as demanded in writing and removed all our tools, equipment and belongings from the property. I generated a final invoice giving all credits due as is required by Maine' governing law. Not hearing from the client for a reasonable time, I filed a Lien upon the property in accordance with Maine's governing law; duly recorded with the Registry of Deeds. I sent a copy of the Lien to the client as well as the mortgage holder, although governing law does not require a Notice of Lien be sent to the mortgage holder. My question is if the client does not pay the amount due, how many days following the recording of the lien with the Registry of Deeds do I have before I can begin foreclosure? And should foreclosure become necessary, can I include my costs for the foreclosure proceeding?

1 reply

Apr 20, 2020
Maine's mechanics lien enforcement deadline is actually based on the last date when labor or materials were furnished - not on when the lien was filed. Still, a Maine mechanics lien claimant has 120 days after last furnishing labor or materials to file a lien enforcement lawsuit/foreclosure proceedings. As for whether attorney fees and costs can be included - those amounts generally can't be included in the lien claim itself. But, they could likely be included in the complaint, and they could absolutely be awarded by the judge if the lien dispute actually results in a judgment - regardless of whether they've been asked for. Further, a claimant could also ask for those amounts during settlement talks, as well. Keep in mind, though, that utilizing a threat like a Notice of Intent to Foreclose could be useful for getting paid. By letting the customer know you're fully prepared to proceed with a lawsuit, it might be easier to draw them to the bargaining table. Considering that an enforcement suit constitutes serious legal action, consulting with a Maine construction attorney would be wise before deciding how to proceed.
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