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Notice to Bona Fide Purchaser

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Notice to Bona Fide Purchaser

Prepared by, recording requested by
and return to:

Name:

Company:

Address:

City: State: Zip:

Phone:

Fax:

Above this Line for Official Use Only

NOTICE TO BONA FIDE PURCHASER--Corporation
(M.R.S.A. § 3255(2))

COMES NOW, , as a representative
of corporation and would state the following:

1. The undersigned corporation has provided labor, materials, or services for the
improvement of the property located at

and described as:

2. The above-described property is owned by

3. The undersigned corporation is going to perform or furnish,
is performing or furnishing,
has performed or furnished
labor, materials, or services for the improvement of the above-mentioned property
and is entitled to therefore claim a lien.

4. Notice is hereby given that any bona fide purchaser for value of the above-
described property who purchases said property within one hundred and twenty (120)
days of this notice takes title of said property subject to the lien of the undersigned.

This the day of , 20

Signature

Notice to Bona Fide Purchaser

Page 1 of 2

Type or Print Name

Title

Corporation

Attest:

Secretary

STATE OF MAINE

COUNTY OF

The foregoing instrument was acknowledged before me this the day of
, by

(name of officer or agent, title of officer or agent) of

a

corporation, on behalf of the corporation.

Signature of Notary Public

Name of Notary Public

Notary Public, State of Maine

My commission expires:

Notice to Bona Fide Purchaser

Page 2 of 2

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What the Notice to Bona Fide Purchaser Is and when it's used

A Notice to Bona Fide Purchaser is a written declaration that alerts potential buyers, lenders, or title insurers to an outstanding claim, interest, lien, or encumbrance affecting real property or goods. It is used to preserve priority, provide constructive notice, and help clarify whether a later purchaser can take title free of the listed claim. The notice typically identifies the claimant, describes the affected property, summarizes the asserted interest, and directs the recipient to recording or dispute-resolution steps. The form does not itself create marketable title but documents an asserted claim for third-party awareness.

Why issuing a Notice to Bona Fide Purchaser matters

Issuing this notice puts later purchasers and lenders on constructive notice of a claim, helps protect a claimant’s priority, and documents the timeline for disputes. It reduces the risk of downstream transactions that unknowingly extinguish or complicate legal rights and supports clear chain-of-title review by title companies and counsel.

Why issuing a Notice to Bona Fide Purchaser matters

Who typically prepares and receives this notice

The Notice to Bona Fide Purchaser is prepared by parties asserting an interest and delivered to stakeholders who may acquire or finance the property.

  • Claimants and lienholders who need to preserve priority and record a public warning.
  • Title companies and escrow agents conducting searches and underwriting title insurance.
  • Buyers, buyer agents, and mortgage lenders assessing title exposure before closing.

Recipients should review the notice promptly, confirm supporting documentation, and consult counsel or title underwriters before completing purchase or loan transactions.

Core elements that make a professional Notice to Bona Fide Purchaser

A well-formed notice follows a consistent structure so recipients can identify the claimant, the affected asset, and the remedy sought. Include clear descriptions, contact data, and recording instructions to avoid ambiguity.

Caption

Title the document as 'Notice to Bona Fide Purchaser' and include the filing or reference number if previously recorded.

Claimant ID

Provide the claimant's full legal name, business entity type, and a contact address and phone number for record follow-up.

Property Description

Use an exact legal description for real property or a serial/identifier for goods; include parcel ID, county, and street address when applicable.

Nature of Interest

Summarize the claim (lien, easement, mechanic’s lien, pending litigation) with dates and brief factual basis sufficient for third-party assessment.

Requested Action

State whether the claimant seeks recording, payment, dispute resolution, or preservation of rights — include any deadline for response.

Signature and Acknowledgement

Signatory information, printed name, title, date, and notary or witness block if the jurisdiction requires authentication.

Step-by-step: preparing and issuing the notice

Follow these sequential steps to create, authenticate, and circulate the notice accurately.

  • 01
    Draft: Compile claimant details, legal description, and concise claim summary.
  • 02
    Verify: Confirm names, parcel ID, and county recording requirements with title records.
  • 03
    Authenticate: Sign and notarize according to state rules or use RON when permitted.
  • 04
    Distribute: Record if required and send copies to prospective buyers, lenders, and title insurers.

Configuring an online workflow for the notice

Set up fields, authentication, and distribution before sending to ensure legal sufficiency and reliable tracking.

Field Configuration
Claimant Name Required text field; autofill from party profile
Legal Description Multi-line required field; attach deed PDF
Signature Signer signature field; require date
Notary Block Conditional field shown if notarization selected

Digital signing and platform needs

Choose a platform that supports required authentication, audit trails, and the file formats used by recording offices.

  • File Types: PDF and DOCX supported
  • Authentication: Email, SMS, or advanced ID verification
  • Audit Trail: Timestamps, IP, and signer metadata

Ensure the platform can produce a tamper-evident signed PDF, retain a complete audit trail, and integrate with your document management or title systems for secure archiving.

Where to send, file, or record the notice

The correct routing depends on whether the notice must be recorded, served, or both. Use a consistent chain-of-custody.

  • County Recorder: Record when the statute or practice requires public notice.
  • Title Company: Provide to underwriters for title searches and underwriting decisions.
  • Potential Purchasers: Deliver copies to buyers and buyer agents ahead of closing.
  • Lenders and Escrow: Send to mortgagees and escrow officers for lien clearance.

Typical timelines and timing considerations

Timely delivery and recording preserve priority; internal deadlines help coordinate closing and title review.

Issue Promptly:

Send notice as soon as the claim is reasonably documented.

Record When Required:

Record in the county recorder's office if statute or practice requires.

Allow Review Time:

Provide title companies at least several business days for examination.

Coordinate with Closing:

Deliver before or at escrow opening to avoid last-minute surprises.

Respond Deadlines:

Set reasonable response windows in the notice for disputes or settlements.

Key processing milestones from claim to recording

Track milestone stages to maintain priority and manage communications through closing.

01

Prepare Notice

Draft and validate claimant and property details before signing.

02

Authenticate Document

Obtain notarization or RON session if required by law.

03

Record/Serve

Record with county recorder and serve recipients as specified.

04

Monitor Responses

Track title searches, insurer responses, and any cure actions.

Common drafting and delivery mistakes to avoid

  • Using an informal street address instead of the recorded legal description causes misidentification and recording rejection.
  • Failing to sign or notarize when state law requires authentication can render the notice ineffective for priority purposes.
  • Sending the notice only by email without following jurisdictional service or recording rules risks missing constructive notice requirements.
  • Omitting claimant contact information or documentation makes it difficult for title companies and buyers to verify or resolve the claim.

Consequences of an incorrect or late notice

Lost Priority: Priority may be lost against subsequent bona fide purchasers
Recording Refusal: County recorder may reject incomplete filings
Title Insurance Denial: Insurer may exclude coverage for unrecorded claims
Litigation Risk: Increased exposure to quiet-title actions
Costs: Additional legal and cure expenses
Regulatory Issues: Possible fines if statutory notice obligations exist

Essential data elements to include on the notice

Claimant Name: Full legal entity name
Contact Address: Street address and ZIP
Property ID: Parcel or serial number
Claim Type: Lien, easement, or litigation
Relevant Dates: Date of claim and recording date
Signature: Printed name and signature date

Comparing eSignature providers for issuing and managing notices

Platform choice affects authentication, notarization support, bulk sending, and cost. signNow appears first for feature alignment in common workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Notices to Bona Fide Purchaser

Answers to common legal and practical questions help avoid procedural errors and reduce processing delays.


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