Section 144-400-2-5 - Liens (22 MRSA 3822)A. Claim on property. Twenty-one days after service of a notice to repay, FIR may issue a certificate of lien, unless collection action is stayed under section 1, subsection H (page 5). A lien issued under this section attaches to all nonexempt real and personal property of the person named in the notice to repay. FIR shall send a copy of the certificate of lien to the obligor at the obligor's most recent address of record.B. Filing. FIR may file the certificate of lien in the registry of deeds of any county in which the obligor may own real property or with the Secretary of State. The certificate must include all the following information. 1 The name of the obligor served with the notice to repay.2 The obligor's most recent address of record.3 The date of the notice to repay.4 The unrecovered amount of the overpayment.5 The name and address of the person who issued the lien.C. Effect. No person having notice of the lien or in possession of any property subject to the lien may pay over, release, sell, transfer, encumber or convey such property, unless one of the following occurs: 1 FIR executes and delivers a release or waiver.2 A court of competent jurisdiction orders the department to release the lien.D. Request for hearing. An obligor may ask for a hearing to contest a certificate of lien. The request must be in writing. If mailed to the department, the request must be postmarked not later than 30 days after the date of mailing of the obligor's copy of the certificate of lien. If delivered to an office of the department, the request must be delivered not later than 30 days after the date of mailing to the obligor. The department shall tell the obligor of the right to hearing when it mails the obligor a copy of the certificate of lien.E. Hearing. At hearing, the obligor may contest the accuracy of the certificate of lien. The obligor also may contest whether FIR issued the lien according to the terms of this section. The department shall conduct the hearing as provided by 5 MRSA9051 - 9064.F. Decision after hearing. The department shall issue a decision without undue delay. The decision must include a ruling on the accuracy of the certificate of lien. It also must state if the lien was issued according to the terms of this section. The decision must be based on the hearing record and rules adopted by the Commissioner. A copy of the decision must be sent to the obligor at the obligor's most recent address of record. The decision must tell the obligor of the right to appeal to Superior Court within 30 days of the date of the decision (Rule 80C, Maine Rules of Civil Procedure). G. Release. FIR may release a lien. A release must be in writing and must name the obligor. It also must state whether the lien is released in whole or in part. If the lien is partly released, the amount of the claim that remains must be stated on the form.H. Foreclosure on liens ( 22 MRSA3823). The commissioner may foreclose on liens created under this section. 1 Liens on real property. Actions to foreclose liens on real property may be brought in the county where the property is located. The department shall proceed under 14 MRSA2001 - 2023.2 Liens on personal property. Actions to foreclose liens on personal property may be brought in the county where the obligor lives or the county where the property is located. The department shall proceed under 14 MRSA4751 - 4953.10-144 C.M.R. ch. 400, § 2-5