| | | If the claimant is a real estate licensee, the claimant shall | | also send notice by certified mail, return receipt requested, or | | provide actual written notice as described in this subsection to | | the bona fide purchaser before the purchaser takes title to the | | premises on which the claimant's lien attaches.__If notice is not | | provided, the purchaser takes title free of this lien.__If notice | | provided by this subsection is filed, the lien claimant must also | | comply with the notice requirements of section 3253 and institute | | the legal action required by subsection 1 to the extent that this | | compliance is required in order to preserve the claimant's lien | | claim.__The notice provided by this subsection is only effective | | relative to a bona fide purchaser for value for the period of 120 | | days from the date of recording thereof provided that this notice | | may again be recorded any number of times, but further notices | | are also only effective relative to a bona fide purchaser for | | value for the period of 120 days each from the date of their | | respective recordings. |
|
| | | Sec. 2. 10 MRSA §3261, as amended by PL 1981, c. 585, §5, is | | repealed and the following enacted in its place: |
|
| | | §3261. Certificate to be filed with register of deeds |
|
| | | 1.__Certificate of court clerk.__When a complaint provided for | | in chapters 601 to 631 in which a lien is claimed on real estate | | is filed with the Superior Court or District Court clerk, the | | clerk shall forthwith, upon written request of the plaintiff's | | attorney, file a certificate setting forth the names of the | | parties, the date of the complaint and of the filing of the | | complaint and a description of the real estate as described in | | the complaint in the registry of deeds for the county or district | | in which the land is situated. |
|
| | | 2.__Notice of lien complaint.__When a complaint has been filed | | with the Superior Court or District Court pursuant to this | | chapter, the claimant shall, within 60 days of the date on which | | the complaint was filed, cause to be recorded in the registry of | | deeds for the county or district in which the land is situated | | either: |
|
| | | A.__A certificate of the court clerk in accordance with | | subsection 1; |
|
| | | B.__An affidavit of the claimant or claimant's attorney | | setting forth the name of the court in which the complaint | | was filed, the names of the parties, the date of the | | complaint and of the filing of the complaint, a description | | of the real estate as described in the complaint and the | | name, address and telephone number of the claimant or the | | claimant's attorney; or |
|
|
