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Maine Lien Search
A lien search is an inquiry conducted to uncover any property encumbrances. It shows whether there are any outstanding court cases or debts that may affect the real estate ownership transfer. An encumbrance is a legal claim to property by a person or business that is not the property owner due to a breach of contract. Some examples of encumbrances are unpaid mortgages or construction bills on a property. Lien documents are typically held by local recording offices or court clerks as part of Maine Civil Court Records.
What is a Lien in Maine?
A tax lien in Maine is a record of delinquent real estate taxes, assessments, loans, personal taxes, and other obligations. The county government may offer investors a document known as a tax lien certificate to recover unpaid taxes from property owners who do not pay the overdue taxes within a given time frame.
Types of Liens in Maine
Liens are placed on a property as a result of unpaid debt. This debt can be due to unpaid property taxes, delinquency in child support payment, bank loan defaults, or delays in payment of workers. The types of liens in Maine include:
- Child support liens
- Mechanics liens
- Mortgage liens
- Property tax liens(federal and state tax liens )
- UCC liens
Liens are also classified into the following categories based on how they affect the property and the property owner.
General Liens in Maine
In Maine, a general lien isn't attached to a particular piece of collateral. Instead, it is connected to all of the borrower's assets. A general lien gives the creditor the right to confiscate nearly any possession from the debtor, including bank accounts, vehicles, and houses, if the terms of payment are not fulfilled. A federal tax lien is an example of a general lien.
Specific Liens
A specific lien is a legal claim that attaches to a particular asset. Unlike general liens, which affect all of a person's property, specific liens affect only one agreed-upon property that has been agreed upon in the initial agreement. An example of a specific lien is a mortgage lien that affects a particular house or a vehicle lien due to an unpaid vehicle loan.
Consensual vs Involuntary Liens
Consensual liens are also known as voluntary liens. A consensual lien is agreed upon by both the owner of a property and a lender; hence, when an obligation is not paid, and the agreement is breached, a lien is placed on the property used as collateral for the loan. The sale of the property can enforce the lien. An example of a consensual lien is when someone takes out a mortgage, and the lender keeps the right to take their house to collect the outstanding balance until the debt is paid in full.
In contrast, involuntary liens are claims made against someone's property without that person's consent or agreement. Usually, a court will impose an involuntary lien on someone's property; if the debt is not paid, the lien gives a creditor a legitimate claim to the asset.
Statutory Liens
A statutory lien in Maine is engaged when a person breaks a Maine law or U.S. federal law. Once a statutory right is triggered, a lien can be placed on a person's property with or without their consent. An example of a statutory lien is a mechanics lien.
It is important to note that liens can have several characteristics. For example, a federal or statutory tax lien can also be a specific one. Similarly, mechanics liens are statutory liens outlined by the Maine legislature but are also specific because they affect only the property involved in the claim.
What is a Tax Lien in Maine?
A tax lien is a documented representation of unpaid real estate taxes, assessments, fines, and fees owed to Maine's state or local government as per Section 4072 of Chapter 575 of the Maine Legislature. According to Article 2 §943, the government's interest in property for unpaid taxes is upheld by a tax lien. The government may sell what is known as a tax lien certificate to investors to recover the unpaid property taxes if the property owner does not pay the overdue taxes within a certain amount of time.
Are Tax Liens Public Record?
Yes! Tax liens are regarded as public records in accordance with the Maine Freedom of Access Act. Per the Maine Revised Statute §6256, the tax collector is legally required to record a lien at the County Registry of Deeds if a taxpayer does not pay the full amount owed in real estate taxes within a year of the commitment. To ensure that interested members of the public can access these records, the recorder is mandated by law to make these records available in manual and electronic format.
Maine Tax Lien Search
A tax lien search in Maine can be done at the registry of deeds office in the county where a property is located or the jurisdiction where the subject of the search resides. County Registry of Deeds offices in Maine maintain a tax delinquent list of property owners and a database that shows properties in the state that currently have liens on them. Citizens can visit the county Registry of Deeds during office hours and request a tax lien search. The Department of Administrative and Financial Services in Maine also lists properties with existing liens. Interested persons can also request a list of tax-acquired properties from any Department of Revenue in Maine.
Federal Tax Lien Search
When someone ignores or cannot pay a tax bill, the government may legally place a federal tax lien on their property. The lien covers a citizen's financial, personal, and real estate holdings, safeguarding the government's interest in them all. A federal tax lien is placed on a debt when it is neglected or not paid in full within the allotted time. The Maine Revised Statutes (§9–412) and IRC 6321 address federal tax liens.
What is a Lien on Property in Maine?
A lien on a property in Maine is a legal claim against it made by the government authorities, eligible persons, or businesses. A lien that is successfully placed against a property in Maine gives the lienholder a legal claim to the real estate. In some instances, if the money owed is not paid within a stipulated period, the lien holder can force the sale of the property to recover their funds.
Who Can Put a Lien on a Property?
Anybody with a legal right can place a lien on a property in Maine. Those who have performed work or made other contributions to the property's value are eligible to do so without the owner's knowledge. For instance, contractors, suppliers, mortgage lenders, mechanics, and the Internal Revenue Service (IRS) may file involuntary liens if they are owed money.
How to Put a Lien on Property in Maine
Depending on the kind of claim one wants to enforce, there are different procedures for filing liens in Maine. The county recorder of deeds office in the county where the property is located is where all liens are filed. Individuals should be aware of deadlines before beginning the filing process and occasionally seek legal counsel to comprehend the legal implications and any actions a homeowner may take in response to the filing of a lien on their property. However, in Maine, the procedure listed below is typical for placing a lien on real estate:
- Locate the property and research it to find out if there are other liens on it. The first step is to perform a title search to find out if there are existing liens on the property and verify the owner. During this procedure, one can get a legal description of the property and verify the deed.
- Drafting the lien document and completing the lien filing should ideally be done with the aid of an attorney. Information from the title search can be used to prepare a lien document for filing. The county recorder's office will also offer a template for this purpose.
- Submit a preliminary notice to the owner of the property: the individual filling the lien must submit a preliminary notice of their intent to file a lien to the homeowner at least 10 days before filing the lien.
- File the lien and pay the associated fees: Liens can be filed at the registry of deeds office in the county where the property is located or at the secretary of state's office in Maine. The fees associated with filing a lien in Maine differ slightly from one county to another.
How to Find a Lien on Property in Maine
To find a lien on a property in Maine, request a search from the county register of deeds office to find any encumbrances. All types of liens on a property in Maine are usually filled at the register of deeds office. Requesters may discover any mechanics liens or judgment liens. Requesters can also request the ownership history on any property to discover any delinquency in taxes by the owner and any subsequent liens as a result of tax delinquency.
A title firm can also perform a property lien search maine, but there will be a fee, and it will essentially accomplish the same task as an individual. Homeowners or potential buyers may also conduct their own research, just in case they encounter any unforeseen unexpected events.
Property Lien Search By Address
The Maine County Registrar of Deeds office, which conducts property lien searches, must obtain specific parameters in order to offer information to those who want to check for liens on a property. Typically, the common search parameters are the property address, lot number, or owner's name.
Inquirers may also use a third-party online service to search for liens on real estate in Maine based on an address. Many third-party aggregator websites offer an address search option if someone is looking for Maine public data, including lien information. These services are frequently fee-based.
Free Lien Search on Property
Third-party aggregator websites offer inquirers an option for finding liens on a property in Maine; however, the information from free sources may not always be accurate. Consequently, inquirers are advised to either opt for a paid option or visit the county register of deeds office
What is a Mechanics Lien in Maine?
A mechanics lien is a type of statutory lien that is used to recover costs associated with labor or supplies used in the upkeep, repair, or improvement of real or personal property, like a building or a vehicle. According to Maine law, a mechanics lien may be used as security for payment for work done on a property. A mechanic's lien may be filed by any unpaid worker who provides labor or materials, persons who work as an engineer, architect, or surveyor to recover their unpaid wages.
Maine Mechanics Lien Search
Anybody can search for a Maine mechanics lien at the county registry of deeds office where the property or project is located. To perform a search at the registry, persons will need to provide the address of the property and the name of the property owner. Requesters can also look for mechanic lien records using the public computers in the register office's research room. The identity of the person or people involved in a transaction is used to index the Registry records. Although not required, an estimate of the date when the mechanic's lien was initiated would be helpful to the search.
What is a Mortgage Lien in Maine?
A mortgage is a loan taken out to buy or keep a house or other piece of real estate. This loan gives rise to a mortgage lien. By taking out a mortgage loan, the borrower consents to voluntarily place a lien on the property to use it as security or collateral for the debt. Mortgage liens prove a lender's ownership stake in real estate. Therefore, the mortgage lender has the right to legally take or sell the property if the borrower defaults on the debt.
A mortgage discharge registered at the Hancock County Registry of Deeds will release the lien if the debt is paid in full.
What is a UCC Lien in Maine?
Liens under the Uniform Commercial Code (UCC) protect personal property pledged as security for a loan by a "debtor". In Maine, the UCC code establishes how UCC liens operate in the state. The UCC lien that the "creditor" files with the Secretary of State serves as notice to the public of the creditor's interest in a particular property.
UCC Lien Search Maine
A UCC lien search in Maine can be done online on the Department of the Secretary of State website. Although online searches are the most frequently used way to perform a UCC search in Maine, searches can also be performed through mail or in person at the Department's office. This is how to look up and retrieve UCC liens from the SOS:
- Create an account with the Department of State using an email and full name.
- Select a search option: There are three search options available online, and these are
- Standard debtor search: Searches using the name of the debtor, which will reveal all the filing with that debtor's name
- File number search: This is a more specific search that will reveal the file with the exact same file number that has been entered
- Unofficial name search: This is a free search that will show if a particular UCC filing exists
- Pay for the search using a credit card: If a document is found, requesters can proceed to pay for it. The search costs $12, and certified copies of the desired documents cost $5.
- Make copies of the documents.
Anyone can also make a mail request for a UCC search by completing the Maine UCC Information Request Form and sending it to:
Bureau of Corporations, Elections & Commissions
UCC Section
101 State House Station
Augusta, ME 04333-0101
For in-person requests, the completed forms can also be delivered in person at:
Bureau of Corporations, Elections & Commissions
Burton Cross Building, UCC Section
111 Sewall Street, 4th Floor
Augusta, ME 04330
What is a Lien Title in Maine?
A lien title is a legitimate claim based on an agreement to someone's property. In Maine, lien titles are typically attached to automobile purchases and are referred to as vehicle titles.
When a car is bought with a creditor loan, liens are placed against the vehicle's title. A lien not only protects the lender but also gives a creditor the right to take back the vehicle in the event that the car owner doesn't make loan payments as agreed.
Maine Title Lien Search
A Maine lien Title search in Maine is done to reveal a car ownership history and to reduce the risk of purchasing a stolen vehicle. Title lien search can be performed at the Department of Motor Vehicles in Maine or any law enforcement agency in Maine. DMVs in Maine make use of an electronic titling system known as the National Motor Vehicle Title Information System (NMVTIS). The purpose of this system is to prevent the resale of stolen vehicles and to safeguard customers from fraud and dangerous vehicles. Additionally, NMVTIS is a tool that helps states and law enforcement discourage and stop crimes like title fraud.
Individuals who are interested in performing a Title search in Maine can do so by visiting any DMV in Maine. Officials at the office will require the vehicle's VIN number to perform the search.
Free Title Lien Search in Maine
A free title search in Maine can be done online through third-party vendors. Third-party vendors procure the service and offer free lien title searches as part of a more extensive legal or vehicle maintenance service.
What is a Judgement Lien in Maine?
A judgment lien is a court order that a creditor obtains to give them the legal right to claim a debtor's property as a payment for debt owed or contact obligation that a debtor did not uphold. A judgment lien is a legally enforceable claim that results from a lawsuit against someone's property. To enable the creditor to obtain money from the sale of the borrower's assets, the court may grant a judgment in the creditor's favor in the form of a possessory lien.
The law on judgment liens in Maine can be found under §4651-A, relating to Execution liens. Judgment liens can be awarded to a creditor and attached to a creditor's personal property, real estate, or vehicle.
Maine Judgement Lien Search
In Maine, a register of deeds office in the county where a judgment debtor owns property is one place to look for judgment liens. Register of deeds offices can furnish requesters with copies of lien documents, including lien releases, and allow free records searches through public access terminals at their office addresses. The office will be able to provide a lien judgment draft that will show the following information:
- The existence of a filed lien;
- The time and location of the lien's filing;
- The sum awarded in the execution for the judgment and expenses;
- The name and address of the judgment creditor and attorney, if any
- Information on how to contest the lien
Inquirers may also obtain judgment lien information from the county court clerk's office where the judgment lawsuit was filed.
How to Get a Lien Release in Maine
A lien release occurs when a creditor or lien holder waives their lien on a property, lifting their claim to it.
Individuals can utilize a Maine Lien Release Form to remove a lien that has already been filed. The most common use of the lien release is when the lien gets paid, and a creditor wants to release the lien. Nonetheless, settlements, legal disputes, expiration, and other reasons could also result in a lien release.
To initiate a lien release, individuals can visit the county registry of deeds where the lien agreement was signed to obtain a lien release form. Copies of lien release forms can also be found online through a quick Google search. For vehicle lien release, persons can get the release form from the Department of Motor Vehicles (DMV) either online or in person. The form should be completed in the county court, where the lien was filed and signed in front of a notary. The completed form should then be filed at the county register of deeds office. The registry will draft a lien release letter and send it to the debtor to notify them of the lien release.
According to Maine law, per §1604-110 of the Maine legislature, a lien cancellation must be submitted within 60 days of the claim being fulfilled. The lien claimant could be penalized for neglecting to release the lien.
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