A Maine mechanics lien release bond is a legal method of discharging a lien placed by a party that performs or furnishes labor, materials or performs services as an architect, surveyor, licensed forester or engineer or a real estate licensee. Maine law also affords lien rights to an owner-renter, owner-lessor or owner-supplier of equipment used in work on a building or appurtenances, including public projects. Filing a release of lien bond is not an automatic remedy in Maine.
Pursuant to §3263, an owner of a structure or real estate upon which a lien is claimed may petition the court in which the lien action is filed setting forth the name of the lienor, the court and county or division in which the action is pending, the fact that a lien is claimed, his or her interests therein, its value and request to have it released from from the lien. Upon hearing, the court may order the petitioner to file a Maine lien release bond which runs to the lienor in an amount and with acceptable sureties as he or she may approve. The lien release bond must be written in an amount with will fully satisfy the lienor if so determined by the court, with his costs in the action. The clerk must deliver to the plaintiff a copy of the complaint and proceedings, with a certificate under seal of the court stating the the surety bond has been filed in his or her office. Upon filing the copy and certificate in the registry of deeds in the county or district wherein the property or structure lies, dissolves the lien.
*The State of Maine requires statutorily specific language be included in the surety bond to release a mechanic's lien.
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