Cal Cutter wrote:Thank you for your comment. You state that when the bank takes possession of the property they will be responsible for the assessments, however that is not my understanding.
It's a basic concept of property law; liens run with the land. Just like a mortgage lien or a tax lien, it doesn't matter if the property owner doesn't pay, the debt is attached to the land, and any future owner, until it is satisfied.
Kindly point me to the section of law that will confirm your position.
23 MRSA 3103 states "The commissioner or board shall collect the money as town taxes are collected". So, you want
26 MRSA 175-A, Tax Lien.
Two years ago we had a road association member escape to Florida after selling his property at a private sale (no RE agency involved) leaving with a few hundred dollars in unpaid assessments. My understanding is that we can't recover that money.
Yes, a particular owner may escape the lien, but the property cannot. If you didn't record the lien at the Registry of Deeds, the buyer would have no way of knowing that a lien was outstanding. If the buyer had known, they would have required the seller to satisfy the lien before transferring the property; otherwise, they buyer would inherit the debt when they took possession of the property. That's why you want to record your lien.