Difference between revisions of "Liens in Maine"
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| − | + | Civil money judgments become a general lien on any real property in the county in which they are filed only after a Writ of Execution for the judgment has been separately recorded in the public land records for that county. [http://legislature.maine.gov/statutes/14/title14sec4651-A.html 14 M.R.S.A. §4651-A(9)]. They act as a lien for twenty (20) years and can be revived for one additional period of twenty (20) years. [http://legislature.maine.gov/statutes/14/title14sec4651-A.html Id]. They do not attach automatically to after-acquired property of the judgment debtor. | |
=Community Association Liens= | =Community Association Liens= | ||
Revision as of 05:54, 8 July 2018
Contents
Overview
Security Instruments
See Security Instruments in Maine
Child Support Liens
Child Support Liens in Maine have no expiration period. 19-A M.R.S.A. §2357.
Civil Money Judgments
Civil money judgments become a general lien on any real property in the county in which they are filed only after a Writ of Execution for the judgment has been separately recorded in the public land records for that county. 14 M.R.S.A. §4651-A(9). They act as a lien for twenty (20) years and can be revived for one additional period of twenty (20) years. Id. They do not attach automatically to after-acquired property of the judgment debtor.
Community Association Liens
Liens filed by Condominium Owners’ Associations (COAs) expire after five (5) years if no enforcement action is filed in the meantime. There is no special provision for liens to be file by Homeowners’ Associations (HOAs). HOAs must obtain a regular money judgment in order to collect on any unpaid assessments. These types of liens, if junior to the foreclosed mortgage, based on the date of assessment and not filing, are discharged upon completion of the foreclosure of a senior mortgage.
Construction/Mechanic’s Liens
Mechanic’s Liens in Maine can potentially date back to the first date of construction and/or delivery of materials to a construction site. Bona fide purchasers for value, however, are given priority over unfiled Mechanic’s Liens unless a Notice of Commencement is recorded. Maine is therefore classified as a Type 2 jurisdiction with respect to Mechanic’s Liens. A lawsuit based on a Mechanic’s Lien must be filed within 120 days from the date of filing of the lien otherwise the lien will expire and be unenforceable.
Financing Statements
Financing Statements in Maine act as a lien for five (5) years and may be revived indefinitely for additional periods of five (5) years unless some other shorter period is listed in the Financing Statement or subsequent filings. If, however, the Financing Statement is for a mobile home, the lien may last for a period of up to thirty (30) years.
State Tax Liens
State Tax Liens act as a lien for twenty years (20) years.
