Hi understand that we now use the term Claim instead of Lien on the letter.

But when I called our Registrar to clarify cost and procedure, she said that there is no category for "Claim" only Lien.  So do I ask for it to be filed under Lien?

I respectfully disagree. If you will look at the statute Title 23, Part 3, Chapter 305, Subchapter 2, Section 3104: Penalties and Process, you will see that 

"The commissioner or board may cause to be recorded in the county's registry of deeds a notice of claim for money owed pursuant to section 3101, 3102 or 3103 that is more than 90 days delinquent and may add to the amount owed the recording costs." 

The word "lien" was struck/removed in a previous legislative session and replaced with "notice of claim". In a previous post I have provided a sample format for a Notice of Claim document that has worked well in Cumberland County. If the Register of Deeds insists that the word "lien" be used I suggest that the word "lien" be written and placed in parentheses following the words "Notice of Claim". I have done this in the recent past when "Notice of Claim" was first referenced in the statute just to make sure anyone looking at it interpreted it correctly. I much preferred the word "lien" since I believe the meaning of it was well understood by most however the legislature didn't ask my opinion.

I feel strongly that you should use the Notice of Claim "phrase" because otherwise you wouldn't be following the statute. Further I'd suggest you visit the Registry of Deeds office with a copy of the referenced statute and inform them of the change by showing them the current wording in the statute.

The statute can be found at  http://legislature.maine.gov/legis/statutes/23/title23sec3104.html

P.Dunn

I agree that it should be recorded under LIEN at the Registry because that is essentially what it is. The Notices that I have filed in Cumberland County have been recorded under LIENS.

I also have learned, as I have posted previously, that it helps substantially if you contact any Real Estate Agency handling a possible "For Sale" listing of the property verbally notifying the agency of the Notice of Claim and providing them with a copy. If a sale becomes imminent also make sure any involved title company is aware of the encumbrance. I believe the most likely time you will receive payment of the unpaid balance is at "Closing" when the property actually changes ownership. Don't forget to include interest, certified mailing costs, Registry costs (both initial recording and Discharge) and other applicable costs that you may incur. Its easy to forget the discharge requirement and its costs since it also has to be recorded at the Registry but typically after you have been paid. For an Interest percentage we use the same rate that our town uses on unpaid property taxes currently at 7.00%.