Page 23 - State Law Summary of Mechanic's Lien Law

Maine ME

What is the statutory authority?
Maine Statutes, Title 10, §§ 3251 – 3269.
What is the Attachment Date of the Mechanic’s Lien?
A mechanic’s lien attaches as of the date work or materials are furnished.
10 M.R.S.A. §§ 3253 and 3255.

What constitutes visible commencement of construction?
There is no visible commencement rule in Maine.

What is the priority of the insured construction mortgage/
deed of trust?
Mechanic’s liens have priority over a construction mortgage where work or materials
are furnished with lender’s consent. Lien claimant has burden of proving lender’s
knowledge. See Gagnon’s Hardware & Furniture, Inc. v. Michaud, 721 A.2d. 193 (1998).

If priority of the insured mortgage/deed of trust is lost, is there a
statutory procedure to regain priority?
No.

When does a mechanic’s lien have to be filed for claimant to maintain
lien rights?
All Notices of Liens must be filed within 90 days after the date of last work or
materials supplied. 10 M.R.S.A. § 3253.
What is the period of enforcement of a filed mechanic’s lien?
A foreclosure action to enforce the lien must be brought within 120 days after
the last of the labor is performed or materials furnished. If the labor, materials
or services were not performed or furnished by a contract with the owner, the
complaint may not be served until 30 days after filing the complaint. 10 M.R.S.A. §
3255. Where owner dies or is adjudicated bankrupt within said 120 days, action
may be commenced within 90 days after adjudication or after notice is given of
appointment of an executor or administrator. 10 M.R.S.A. § 3256. Additionally, the
lien may be enforced by attachment within 180 days after the last day of labor,
services or materials are performed or furnished. See 10 M.R.S.A. § 3262.

Is there a procedure to bond over the mechanic’s lien(s)?
Under 10 M.R.S.A. § 3263, any owner upon whose real estate a lien is claimed may
file a written petition with the court in which a lien action is filed to release the
lien. At a hearing, the judge may order the owner to give a bond to the lienholder
in the amount by the surety approved by the court. A copy of the complaint with a
certificate under court seal stating that a bond has been filed with the court
vacates the lien upon recording in the registry of deeds where the property
is located.
Are the ALTA 32/33 Series Endorsements available for the Loan Policy?
Yes.

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