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?

Related Topics:
1 Lawyer Answer
Fred Bopp III
Fred Bopp III
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.