Westbrook, ME asked in Construction Law for Maine

Q: Can I issue a mechanic lien?

I sold my house and moved in with girlfriend. Over the course of 5 years, I not only purchased materials, but also provided labor to upgrade many aspects of her house. I was then forced to move out can I put a mechanic lien on home so if she sells I get my money back?

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1 Lawyer Answer
Fred Bopp III
Fred Bopp III
  • Construction Law Lawyer
  • Yarmouth, ME
  • Licensed in Maine

A: Likely not. Under Maine law, any lien you had was dissolved unless you, within 90 days after ceasing to labor, furnish materials, or perform services filed a proper statement of lien claim in the office of the proper register of deeds. The 90-day period does not apply when the labor, materials, or services are furnished by a contract with the owner of the property affected. But, in any event, you must file an action against the debtor and owner of the property affected and all other parties interested therein, with the Superior Court or District Court clerk in the county or division where the house, building, or appurtenances, wharf, pier or building thereon on which a lien is claimed is situated within 120 days after the last of the labor or services are performed or labor, materials or services are so furnished. My guess is the 90-day and 120-day periods have run, but if they have not, then you may be able to preserve and enforce your lien.

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