Me. Rev. Stat. » Title 10
Maine Revised Statutes

Me. Rev. Stat. tit. 10, § 3259 (2026)

Sale of property; redemption; pro rata shares

✓ current as of May 2026
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If it is determined that the parties or any of them, claiming a lien, have a lien upon said building and land or upon said wharf, pier, building and land, the court may decree that said property, or such interest in it as is subject to the liens or any of them, shall be sold, and shall prescribe the place, time, terms, manner and conditions of such sale. The court may order an adjournment of such sale from time to time, or the manner and conditions of any adjournment of such sale may be prescribed in the decree. A deed of the officer of the court, appointed to make such sale, recorded in the registry of deeds where the land lies, within 3 months after the sale, shall convey all the title of the debtor and the owner in the property ordered to be sold. If justice requires, the court may provide in the order of sale that the owner shall have a right to redeem the property from such sale within a time fixed in the order of sale. If the court shall determine that the whole of the land on which the lien exists is not necessary therefor, it shall describe in the order of sale a suitable lot therefor; and only so much shall be sold. The lienors shall share pro rata, provided their complaints or motions therefor are filed with the clerk of the court in which the order of sale is granted prior to the order of sale and within the time mentioned in sections 3255, 3256 and 3257. The court may make such decree in regard to costs as is equitable.   [PL 1981, c. 585, §4 (AMD).]
SECTION HISTORY
PL 1981, c. 585, §4 (AMD).
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Notes of Decisions
Cited in 5 cases, 1986–2018 · leading case: The Cote Corp. v. Kelley Earthworks, Inc., 2014 ME 93 (Me. 2014).
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The Cote Corp. v. Kelley Earthworks, Inc., 2014 ME 93 (Me. 2014). · cites it 2× “In its original judgment, the court ordered a sale pursuant to 10 M.R.S. § 3259 (2013). That section provides, in part: If it is determined that the parties or any of them .”
Town of Lisbon v. Thayer Corp., 675 A.2d 514 (Me. 1996). “In the event of a default in payment by the Town then the Mechanics Lienors shall have the right to seek enforcement of their lien claims under sale provisions of 10 M.R.S.A. § 3259. Because the monthly lease payments would not likely be sufficient to immediately pay the…”
Twin Island Dev. Corp. v. Ross, 522 A.2d 901 (Me. 1987). “Any independent legal counsel would have advised Ross that the lien statute, 10 M.R.S.A. § 3259 (Supp.1986), committed the scheduling of the lien sale entirely to the sound discretion of the Superior Court justice, and further that no appellate court would declare that the…”
Curtis v. Comm'r of Human Servs., 507 A.2d 566 (Me. 1986). “§§ 4001-4012 (1980) govern foreclosure of support liens on personal property. Whether the lien secures real or personal property, the court has discretion to order a sale of the property, even if the property is exempt.”
Ram Built Inc. v. Craig (Me. Super. Ct 2018). · cites it 2× “10 M.R.S. §3259. 10 M.R.S. §3259 provides the Court may authorize the sale and foreclosure of the property to which the mechanic's lien has attached upon such circumstances as are appropriate.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.