Maine Lien: A Complete Guide to Liens in the State

A lien is a legal claim filed against property to secure an obligation or repayment of a debt. Once recorded, it gives creditors enforceable rights. It prevents property owners from selling, transferring, or refinancing until the lien is resolved. Given that lien laws differ across the U.S., it is important to understand the specific rules governing liens in Maine.

What Is a Lien in Maine?

In Maine, a lien is a creditor’s legal right to claim an interest in a debtor’s property until repayment is made. The definition of lien in Maine is outlined in Title 10 §3251 of Maine's Revised Statute. It emphasizes who is entitled to a lien and on what conditions, often when labor and services are involved.

Liens may attach to real property (such as homes, land, and commercial buildings) or personal property (vehicles, equipment, or business assets). Once recorded, they become part of the public record, notifying buyers, lenders, and title companies of outstanding obligations.

For property owners, liens may create obstacles when refinancing or selling. On the other hand, buyers may conduct a lien search to perform due diligence. As legal tools, liens are enforceable and help to secure repayment.

Types of Liens in Maine

In Maine, there are different types of liens. Property tax liensareone, and they are filed by municipalities when property taxes are left unpaid. These liens are prioritized and may result in tax lien foreclosures.

Another type of lien is mechanic's liens, which are filed by contractors, subcontractors, or suppliers who have not been paid for labor or materials used in renovations. Maine’s law requires compliance with strict notice and filing procedures to maintain the validity of this type of lien.

Judgment liens are created when a creditor obtains a court judgment and records it against a debtor’s real estate. Once filed, they apply to every property owned by the debtor in the state. Mortgage liens arestandard liens placed by lenders on a property when financing real estate.

In addition, they remain valid until the mortgage is paid in full and released. The Internal Revenue Service (IRS) or Maine Revenue Services tax liens are filed for unpaid federal or state taxes and may apply to both real estate and personal property.

Maine recognizes the HOA or Municipal Utility Liens. These are tools used by homeowners’ associations in Maine to collect unpaid dues. In addition, cities and towns also use this type of lien to receive fees for delinquent utilities or code enforcement penalties.

How to Search for Liens in Maine

Although lien records in Maine are public, they may be accessed via:

• County Registry of Deeds Offices: Maine has 16 counties, each maintaining individual property and lien records. A search may be made by inputting the owner’s name, parcel ID, or property address.
• Online County Registries: Many counties, including Cumberland, York, and Penobscot, provide electronic access to recorded liens and property records. Also, certain counties often require fees for obtaining copies of records.
• Maine Judicial Branch eCourts: Judgment liens may be retrieved through the state’s online case access system.
• Title Companies and Third-Party Services: They provide comprehensive details about liens, which are required during real estate transactions.

The information that is available on a lien record includes the creditor’s name, debt amount, recording date, and legal property description.

Lien Records in Major Maine Cities

In Maine, lien records are maintained at the county level; therefore, a search may be conducted in the appropriate county office:

• Portland (Cumberland County): Lien records are managed by the Cumberland County Registry of Deeds, with online access available.
• Lewiston (Androscoggin County): The Androscoggin County Registry of Deeds provides lien and property searches.
• Bangor (Penobscot County): Property and lien records are maintained by the Penobscot County Registry of Deeds.
• South Portland (Cumberland County): Property records are managed by the Cumberland County Registry of Deeds.
• Auburn (Androscoggin County): Individuals may conduct a lien search at the Androscoggin County Registry of Deeds office.

Each county has its own rules for online access, search fees, and certified copy requests.

How Long Does a Lien Stay on Property in Maine?

In Maine, the validity of a lien depends on the type of Lien:

• Property Tax Liens: Municipalities may apply for a foreclosure on a property if tax liens are left unpaid within 18 months.
• Mechanic’s Liens: They are enforced without exception by court order, and this takes place within 120 days of filing, or they expire.
• Judgment Liens: Maine judgment liens have one of the longest durations in the U.S. They tend to be valid for 20 years.
• Mortgage Liens: They remain active until the loan is satisfied and the release or satisfaction document is filed.
• Tax Liens (IRS/State): Federal liens last 10 years unless extended, while state tax liens follow Maine’s collection statutes.

If filings are not done in the proper way, liens may still appear in public records even after payment.

How to Remove a Lien in Maine

Removing a lien in Maine requires resolving the debt or disputing the validity of the lien. Methods of removing a lien include:

1. Paying the Debt: Once a lien is satisfied, the lienholder is required to issue a discharge or release. This is recorded with the county registry of deeds for formality.
2. Negotiating a Settlement: Creditors may agree to partial repayment. This is followed by recording a release in the court.
3. Court Action: Property owners may petition the courts to remove fraudulent, invalid, or improperly filed liens.
4. Recording a Discharge or Release: Even after full repayment, property owners are to ensure the lienholder records a release to clear the title.

When a release is not on record, liens may remain active and obstruct future property transfers or refinancing.

Liens in Maine are a vital part of property law, protecting creditors while requiring property owners to meet financial obligations. Understanding the types of liens in Maine, how to search for them, their duration, and the removal process is crucial for buyers, sellers, and lenders.

Though Maine has strict filing and foreclosure rules, consulting a county registry of deeds, a title company, or an attorney is often the best way to ensure liens are resolved. By following proper procedures, property owners may maintain clear titles and avoid complications in real estate transactions.