Maine Revised Statutes

Me. Rev. Stat. tit. 36, § 942 (2026)

Tax lien certificate; procedure

✓ current as of May 2026
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Except as provided in section 942‑A, liens on real estate created by section 552, in addition to other methods established by law, may be enforced in the following manner.   [PL 1987, c. 358, §3 (AMD).]
The tax collector may, after the expiration of 8 months and within one year after the date of original commitment of a tax or, in the case of deferred taxes pursuant to chapter 908‑A, after the due and payable date established pursuant to section 6271, subsection 5, give to the person against whom the tax is assessed, or leave at the person's last and usual place of abode, or send by certified mail, return receipt requested, to the person's last known address, a notice in writing signed by the tax collector or bearing the tax collector's facsimile signature, stating the amount of the tax, describing the real estate on which the tax is assessed, alleging that a lien is claimed on the real estate to secure the payment of the tax, and demanding the payment of the tax within 30 days after service or mailing of the notice with $3 for the tax collector for making the demand together with the certified mail, return receipt requested, fee. In the case of taxes supplementally assessed, the tax collector may give that notice after the expiration of 8 months and within one year after the date of commitment of the supplementally assessed taxes. If an owner or occupant of real estate to whom the real estate is taxed dies before that demand is made on that owner or occupant, the demand may be made upon the personal representative of that owner's or occupant's estate or upon any of that owner's or occupant's heirs or devisees.   [PL 2009, c. 489, §2 (AMD).]
For property that constitutes a homestead for which a property tax exemption is claimed under subchapter 4‑B, the tax collector shall include with the written notice authorized under this section written notice to the person named on the tax lien mortgage that that person may be eligible to file an application for tax abatement under section 841, subsection 2, indicating that the municipality, upon request, will assist the person in requesting an abatement and provide information regarding the procedures for making such a request. The notice must also indicate that the person may seek assistance from an advisor who can help the person work with the municipality to avoid tax lien foreclosure and provide information regarding ways to contact sources of assistance including legal services providers described in Title 4, section 18‑A, subsection 1, paragraph B. The Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection, by July 15th annually, shall post on a publicly accessible website information on accessing sources of assistance, and that information may be used by municipalities in providing the information required in the notice. Before posting this information, the bureau shall consider input, if any, received from legal services providers, counselors and state and federal agencies involved in foreclosure prevention matters.   [PL 2023, c. 579, §1 (AMD).]
After the expiration of the 30 days and within 10 days thereafter, the tax collector shall record in the registry of deeds of the county or registry district where the real estate is situated a tax lien certificate signed by the tax collector or bearing the tax collector's facsimile signature, setting forth the amount of the tax, a description of the real estate on which the tax is assessed and an allegation that a lien is claimed on the real estate to secure the payment of the tax, that a demand for payment of the tax has been made in accordance with this section, and that the tax remains unpaid. When the undivided real estate of a deceased person has been assessed to the deceased's heirs or devisees without designating any of them by name it will be sufficient to record in said registry a tax lien certificate in the name of the heirs or the devisees of said decedent without designating them by name.   [PL 2019, c. 501, §22 (AMD).]
At the time of the recording of the tax lien certificate in the registry of deeds, in all cases the tax collector shall file with the municipal treasurer a true copy of the tax lien certificate and shall hand deliver or send by certified mail, return receipt requested, to each record holder of a mortgage on that real estate, to the holder's last known address, a true copy of the tax lien certificate. If the real estate has not been assessed to its record owner, the tax collector shall send by certified mail, return receipt requested, a true copy of the tax lien certificate to the record owner.   [PL 1993, c. 422, §6 (AMD).]
The costs to be paid by the taxpayer are the sum of the fees for recording and discharge of the lien as established by Title 33, section 751, plus $13, plus the fee established by section 943 for sending a notice 30 to 45 days prior to the foreclosing date of the tax lien mortgage if that notice is actually sent and all certified mail, return receipt requested, fees. In the case of a lien in effect pursuant to chapter 908‑A, the costs to be paid include interest in the amount established under section 6271, subsection 3. Upon redemption, the municipality shall prepare and record a discharge of the tax lien mortgage.   [PL 2009, c. 489, §3 (AMD).]
The municipality shall pay the tax collector $3 for the notice, $1 for filing the tax lien certificate and the amount paid for certified mail, return receipt requested, fees. The fees for recording the tax lien certificate and for discharging the tax lien mortgage must be paid by the municipality to the register of deeds.   [PL 1995, c. 57, §6 (AMD).]
SECTION HISTORY
PL 1973, c. 536, §26 (AMD). PL 1975, c. 770, §§203,204 (AMD). PL 1977, c. 422, §2 (AMD). PL 1977, c. 479, §§17-18 (AMD). PL 1977, c. 630, §§7,8 (AMD). PL 1979, c. 114 (AMD). PL 1979, c. 613, §§1,2 (AMD). PL 1983, c. 407, §§2,3 (AMD). PL 1987, c. 358, §3 (AMD). PL 1991, c. 846, §9 (AMD). PL 1993, c. 422, §6 (AMD). PL 1995, c. 57, §6 (AMD). PL 2009, c. 489, §§2, 3 (AMD). PL 2017, c. 478, §2 (AMD). PL 2019, c. 501, §22 (AMD). PL 2023, c. 579, §1 (AMD).
Notes of Decisions
Cited in 37 cases (1 in the last 5 years), 1966–2023 · leading case: Ocwen Fed. Bank, FSB v. Gile, 2001 ME 120 (Me. 2001).
Ocwen Fed. Bank, FSB v. Gile, 2001 ME 120 (Me. 2001). · cites it 6× “On appeal, Ocwen contends that the notice provision of 36 M.R.S.A. § 942 (1990 & *277 Supp.2000), 2 establishing a thirty-day period for notice of a tax lien, is not subject to 36 M.”
Jeffrey Stoops v. Richard Nelson, 2013 ME 27 (Me. 2013). · cites it 12× “Additionally, the Stoopses argue that the Town failed to adhere strictly to the requirements of 36 M.R.S. §§ 942 and 943 (2012), which outline the steps a municipality must take in order to foreclose on a municipal tax lien.”
Blaney v. Inhabitants of Town of Shapleigh, 455 A.2d 1381 (Me. 1983). · cites it 6× “On October 18, 1979, as required by 36 M.R.S.A. § 942 (1978), 2 the town sent a *1383 ten-day notice of tax lien by certified mail, return receipt requested, to Parker Blaney, 98914 Kaonohi Place, Aiea, Hawaii 96701.”
Avco Delta Fin. Corp. of Maine v. Town of Whitefield, 295 A.2d 921 (Me. 1972). · cites it 10× “Adams (in purported compliance with requirements of 36 M.R.S.A. § 942). The failure of defendant to mail a true copy of the tax lien certificates to the plaintiff has become the central coil from which the issues of the present case are sprung.”
Cummings v. Town of Oakland, 430 A.2d 825 (Me. 1981). · cites it 3× “On April 10, 1978, the defendant, Town of Oakland, sent by certified mail the notice required by 36 M.R.S.A. § 942, 1 return receipt requested, to each plaintiff stating that a lien on the property was claimed for unpaid taxes.”
Cary v. Town of Harrington, 534 A.2d 355 (Me. 1987). · cites it 5× “Defendant Town of Harrington appeals from a declaratory judgment of the Superi- or Court (Washington County) finding the Town’s tax liens on plaintiff Campbell Cary’s property void for failure to meet the recording requirements of 36 M.R.S.A. § 942 (1978 & Supp.1987). On appeal,…”
Town of Pownal v. Anderson, 728 A.2d 1254 (Me. 1999). · cites it 4× “A § 555, which provides: A tenant in common or a joint tenant may be considered sole owner for the purposes of taxation, unless he notifies the assessors what his interest is.”
Town of Blue Hill v. Leighton, 30 A.3d 848 (Me. 2011). · cites it 3× “On August 21, 1991, the town of Blue Hill recorded a tax collector’s lien certificate pursuant to 36 M.R.S.A. § 942 (1990) and § 943 (1990 & Pamph.”
DiVeto v. Kjellgren, 2004 ME 133 (Me. 2004). · cites it 2× “1995), (March 14, 1995, citizen's letter to the Joint Standing Committee on Taxation). 9 . In cases arising before the fifteen-year limitation period, we have held that the government must strictly adhere to the statutory notice requirements of 36 M.”
Livonia v. Town of Rome, 1998 ME 39 (Me. 1998). “§ 942 states in pertinent part: The tax collector may, after the expiration of 8 months and within one year after the date of original commitment of a tax, give to the person against whom the tax is assessed, or leave at his last and usual place of abode, or send by certified…”
Black v. Peoples Heritage Sav. Bank (In Re Martin), 106 B.R. 334 (Bankr. D. Me. 1989). · cites it 5× “36 M.R.S.A. § 942 (Supp.1988). As a result, for taxes assessed on April 1, 1988, the City holds a secured claim.”
Johnson v. Town of Dedham, 490 A.2d 1187 (Me. 1985). · cites it 2× “36 M.R.S.A. § 942 (1978), amended by 36 M.”
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