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Mechanics Lien in the State of Maine

MaineMechanics Lien

I have a Mechanics Lien on my home in Saco, Maine placed by the builder who was hired by the General Contractor whom I hired for my home that had a terrible fire last November 2019. I need to get the lien removed because it is not true with the dates of work done by the builder or his employees of his company and I don't owe him any money?

2 replies

Jan 26, 2021

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.

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Jan 26, 2021

Here is a link to some additional information you may want to consider: https://www.levelset.com/blog/a-mechanics-lien-was-filed-on-my-property-what-do-i-do-now/

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