§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.
[PL 2005, c. 311, §2 (NEW).]
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; [PL 2005, c. 311, §2 (NEW).]
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 [PL 2005, c. 311, §2 (NEW).]
C. An attested copy of the complaint. [PL 2005, c. 311, §2 (NEW).]
[PL 2005, c. 311, §2 (NEW).]
3. Failure to file notice of lien complaint. The failure to file notice of a lien complaint in accordance with subsection 2 does not invalidate a lien, but if notice of the filing of a lien complaint is not recorded in the registry of deeds in accordance with this section before a bona fide purchaser takes title to the premises, the bona fide purchaser for value takes title free of the lien.
[PL 2005, c. 311, §2 (NEW).]
SECTION HISTORY
PL 1967, c. 106 (AMD). PL 1981, c. 585, §5 (AMD). PL 2005, c. 311, §2 (RPR).
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