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Maine Alliance for Road Associations

notice of clain

  • 08 Jan 2017 5:47 PM
    Message # 4516583
    Deleted user

    where does the notice of claim need to be files once it is notarized ?

    Is it mandatory to send a copy to the home owner in arrears ?

  • 12 Jan 2017 9:35 AM
    Reply # 4543855 on 4516583

    The Notice of Claim should be recorded (filed) at the County (presumably in your case Androscoggin)  Registry of Deeds at 2 Turner St, Unit 4, Auburn, ME. According to a published document dated September 2013 there will be a cost of $19 for the first page and $2 for additional pages; there may also be a Surcharge of $3 per document. I suggest calling the Registry for confirmation. I also suggest telling the Registry that, for categorization purposes, the Notice of Claim is essentially a lien. 

    In regard as to who should receive a copy of an executed Notice of Claim, see Item 5 in my following write-up:

     SUGGESTED COLLECTION PROCEDURE

    for ROAD ASSOCIATIONS formed under TITLE 23.

    The following is a summary of the collection procedure authorized under

    23MRSA §3101-§3104. (Note:Any review of this procedure and comments as to

    where these Sections may have been misinterpreted is welcome.) The following

    action assumes that the Board of Directors/Officers or the Road Association has

    not waived payment requirement by the delinquent property owner.

    Collection Procedure Timing under 23MRSA §3104:

    1. Set a firm date when fee payments are due; by majority vote or bylaw and

    stated in the Minutes of the annual meeting is suggested.

    2. If payment is not received within 90 days of the firm due date, collection action

    can begin.

    3. After the 90 day period has expired send a “written notice” stating that the fee

    is overdue, a letter [sent via USPS Certified Mail; Return Receipt] is suggested

    although email is authorized, both methods simultaneously are advised. The

    USPS Certified Mail, Return Receipt option will give you evidence that the letter

    was sent. If the delinquent person refuses to pick up and sign for the letter, the

    Post Office will so notify. The notification can be done electronically by the P.O.

    4. If payment is not received within 20 days of the written notice, a Notice of

    Claim (previously a lien) can be recorded at the county Registry of Deeds. The

    “written notice” must be sent at least 30 days prior to recording the Notice of

    Claim.

    5. After recording of the Notice of Claim with Book and Page stamp applied by the

    Registry , it is suggested that a copy be mailed to the delinquent property owner,

    to the Officers and Directors of the road association, to any involved Real Estate

    Agency and to any entity such as a bank owning a mortgage on the property.

    REV: P.Dunn 4/4/2016

                            The Maine Alliance for Road Associations


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