Mont. Code Ann. § 71-3-611 — MT Code / Title 71 / Chapter 3 / Part 6 / Section 71-3-611
71-3-611 Enforcement of lien
Status: in_force

71-3-611 . Enforcement of lien. (1) The liens provided for in this part must be enforced by a civil action in the district court of the county in which the lien was filed and must be governed by the laws regulating the proceedings in civil actions relating to the mode and manner of trial and the proceedings and laws to secure property so as to hold it for the satisfaction of any lien that may be against it.

(2) A person who brings a civil action to enforce the lien, a person having a lien, or a person who is made a party to any civil action has the right to demand that the lien be enforced against the whole or any part of the sawlogs, piling, railroad ties, cordwood, or other timber or manufactured lumber or shingles upon which the person has performed labor, that the person has assisted in securing or obtaining, or that the person has cut on the person's timberland, any of which occurred during the 3 months preceding the filing of the person's lien, for all the person's labor upon or for all the person's assistance in obtaining or securing the sawlogs, piling, railroad ties, cordwood, or other timber or in manufacturing the lumber into shingles during the whole or any part of the 3 months mentioned in 71-3-603 or for timber cut during the whole or any part of the 3 months.

(3) When proceedings are commenced against any lot of sawlogs, piling, railroad ties, cordwood, or other timber or lumber or shingles and some of the lienors claim liens against these specific sawlogs, piling, railroad ties, cordwood, or other timber or lumber or shingles proceeded against and others against the same generally to secure their claim for work and labor, the priority of the liens must be determined as provided in this part.
Mont. Code Ann. § 71-1-112 — MT Code / Title 71 / Chapter 1 / Part 1 / Section 71-1-112
71-1-112 Applicable laws
Status: in_force

71-1-112 . Applicable laws. (1) In the event of conflict between any provision of this part and the Uniform Commercial Code, the latter shall govern.

(2) All mortgages and deeds of trust covering both real and personal property executed by a corporation, association, or partnership or by an individual or individuals are governed by the law relating to mortgages or deeds of trust of real property so far as the real property is concerned and by the Uniform Commercial Code--Secured Transactions so far as the personal property is concerned.
Mont. Code Ann. § 71-3-1001 — MT Code / Title 71 / Chapter 3 / Part 10 / Section 71-3-1001
71-3-1001 Definitions
Status: in_force

71-3-1001 . Definitions. As used in this part, the following definitions apply:

(1) "Furnish" means sell or rent.

(2) "Material" means material, fuel, machinery, equipment, appliances, buildings, structures, tools, bits, or supplies but does not include drilling rigs or hoists or their integral component parts except wire lines.

(3) "Owner" includes a person holding any interest in the legal or equitable title, or both, and purchasers under executory contract.
Mont. Code Ann. § 71-3-1118 — MT Code / Title 71 / Chapter 3 / Part 11 / Section 71-3-1118
71-3-1118 Applicability
Status: in_force

71-3-1118 . Applicability. (1) Except as provided in subsection (2), this part does not apply to compensation awarded to workers for injury, disease, or death pursuant to the Workers' Compensation Act.

(2) This part applies to all payments awarded for medical, therapy, acupuncture, chiropractic, dentistry, counseling, and hospital services pursuant to the acts referred to in subsection (1).

(3) This part does not apply to any benefits payable under:

(a) a policy of life insurance or group life insurance;

(b) a contract of disability insurance, except benefits payable in reimbursement for services rendered by a physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, optometrist, naturopathic physician, podiatrist, ambulance service, rehabilitation facility, long-term care facility, psychologist, licensed social worker, licensed professional counselor, hospital, or outpatient center for surgical services; or

(c) an annuity contract or to pension benefits payable under a qualified pension plan.
Mont. Code Ann. § 71-3-535 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-535
71-3-535 Attachment of lien -- filing
Status: in_force

71-3-535 . Attachment of lien -- filing. (1) A person's lien does not attach and may not be enforced unless, after entering into the contract under which the lien arises, the person has filed a lien not later than 90 days after:

(a) the person's final furnishing of services or materials; or

(b) the owner files a notice of completion pursuant to 71-3-533 .

(2) (a) The lien must be filed with the county clerk and recorder of the county in which the improved real estate is located, and the county clerk and recorder may allow the lien to be filed electronically.

(b) The person claiming the lien shall certify to the county clerk and recorder that a copy of the lien has been served on the owner of record as provided in 71-3-534 (2).

(3) The lien statement must contain:

(a) the name and address of the person claiming the lien;

(b) a description of the real property against which the lien is claimed sufficient to identify it;

(c) the name of the contracting owner;

(d) the name and address of the party with whom the person claiming the lien contracted to furnish services or materials;

(e) a description of the services or materials provided;

(f) the amount unpaid for services or materials or, if no amount is fixed by the contract, a good faith estimate of the amount unpaid, designated as an estimate;

(g) (i) the date on which the services or materials were first furnished; and

(ii) the date on which the services or materials were last furnished; and

(h) a declaration that a notice of a right to claim a lien was given to the contracting owner or an explanation of why the notice was not required.

(4) A lien notice that is filed pursuant to this section before the person claiming the lien has substantially furnished services or materials pursuant to a real estate improvement contract is not effective to create a construction lien unless the lien claimant is prevented from fulfilling the lien claimant's obligation because of the fault of another person.

(5) Except as provided in subsection (6), a lien attaches at the commencement of work as defined in 71-3-522 .

(6) A lien attaches when it is filed if it is for the preparation of plans, surveys, or architectural or engineering plans or drawings for any change in the physical condition of land or structures that are not used incident to producing a change in the physical condition of the real estate.
Mont. Code Ann. § 71-3-105 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-105
71-3-105 Lien on future interest
Status: in_force

71-3-105 . Lien on future interest. An agreement may be made to create a lien upon property not yet acquired by the party agreeing to give the lien or not yet in existence. Except as otherwise provided by the Uniform Commercial Code, in such case the lien agreed for attaches from the time when the party agreeing to give it acquires an interest in the thing, to the extent of such interest.
Mont. Code Ann. § 71-3-303 — MT Code / Title 71 / Chapter 3 / Part 3 / Section 71-3-303
71-3-303 Priority in cases of execution or attachment
Status: in_force

71-3-303 . Priority in cases of execution or attachment. In case of executions, attachments, and writs of similar nature issued against any person, except for claims for labor done, any miners, mechanics, salespersons, servants, clerks, or laborers who have claims against the defendant for labor done may give notice of their claims and the amount of their claims, sworn to by the person making the claim, to the parties plaintiff and defendant to the action in which the execution, attachment, or other writ has been issued and upon the officer executing the attachment or writ. Service of notice required by this section may be made upon the officer charged with the execution of the writ in one or more cases that may be pending against the person, who shall serve a copy of the notice and claim upon the parties plaintiff and defendant if they are found in the county where the action is pending or upon their respective attorneys employed in the case or cases pending.
Mont. Code Ann. § 71-3-905 — MT Code / Title 71 / Chapter 3 / Part 9 / Section 71-3-905
71-3-905 Who considered owners
Status: in_force

71-3-905 . Who considered owners. Every person, including guardians or minors, and any company, firm, association, or corporation for whose use or benefit the grain or other crops mentioned herein are dusted or sprayed or the services or labor performed or material furnished is deemed the owner thereof for the purposes herein mentioned.
Mont. Code Ann. § 71-3-806 — MT Code / Title 71 / Chapter 3 / Part 8 / Section 71-3-806
71-3-806 Parties
Status: in_force

71-3-806 . Parties. All persons interested in the matter in controversy or the property to be charged with the lien or having liens thereon may be made parties to an action for the foreclosure thereof.
Mont. Code Ann. § 71-2-110 — MT Code / Title 71 / Chapter 2 / Part 1 / Section 71-2-110
71-2-110 Debtor's misrepresentation of value of pledge
Status: in_force

71-2-110 . Debtor's misrepresentation of value of pledge. When a debtor has obtained credit or an extension of time by a fraudulent misrepresentation of the value of property pledged by or for the debtor, the creditor may demand a further pledge to correspond with the value represented and in default of a further pledge may recover the debt immediately, though it is not actually due.
Mont. Code Ann. § 71-3-532 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-532
71-3-532 Content of notice of right to claim lien
Status: in_force

71-3-532 . Content of notice of right to claim lien. (1) The notice of the right to claim a lien must be in writing and state that it is a notice of a right to claim a lien against real estate for services or materials furnished in connection with improvement of the real estate.

(2) The notice must contain a description sufficient to identify the real estate against which the lien may be claimed.

(3) The notice must contain the following information:

(a) date of mailing;

(b) owner's name;

(c) owner's address;

(d) name of person filing notice;

(e) address of person filing notice;

(f) a description sufficient to identify the property that is being improved; and

(g) the following notice:

NOTICE OF THE RIGHT TO CLAIM A LIEN

WARNING: READ THIS NOTICE. PROTECT YOURSELF FROM PAYING ANY CONTRACTOR OR SUPPLIER TWICE FOR THE SAME SERVICE. This is to inform you that .......... has begun to provide .......... (description of services or materials) ordered by .......... for improvements to property you own. The property is located at ......... . If ......... is not paid, a lien may be filed against the property. THIS IS NOT A LIEN. It is a notice sent to you for your protection in compliance with the construction lien laws of the state of Montana.

This notice has been sent to you by:

NAME: ..............

ADDRESS: ...........

TELEPHONE: .........

Under Montana's laws, those who work on your property or provide materials and are not paid have a right to enforce their claim for payment against your property. This claim is known as a construction lien.

If your contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who are owed money may look to your property for payment, even if you have paid your contractor in full.

The law states that all people hired by a contractor to provide you with services or materials are required to give you a notice of the right to claim a lien to let you know what they have provided.

WAYS TO PROTECT YOURSELF ARE:

-- RECOGNIZE that this notice of delivery of services or materials may result in a lien against your property unless all those supplying a notice of the right to lien have been paid.

-- LEARN more about the construction lien laws and the meaning of this notice by contacting an attorney or the firm sending this notice.

-- WHEN PAYING your contractor for services or materials, you may make checks payable jointly to the contractor and the firm furnishing services or materials for which you have received a notice of the right to claim a lien.

-- OBTAIN EVIDENCE that all firms from whom you have received a notice of the right to claim a lien have been paid or have waived the right to claim a lien against your property.

-- CONSULT an attorney, a professional escrow company, or your mortgage lender.
Mont. Code Ann. § 71-3-108 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-108
71-3-108 Lien or contract for lien transfers no title
Status: in_force

71-3-108 . Lien or contract for lien transfers no title. Notwithstanding an agreement to the contrary, a lien or a contract for a lien transfers no title to the property subject to the lien.
Mont. Code Ann. § 71-1-108 — MT Code / Title 71 / Chapter 1 / Part 1 / Section 71-1-108
71-1-108 Subsequently acquired title
Status: in_force

71-1-108 . Subsequently acquired title. Title acquired by the mortgagor subsequent to the execution of the mortgage inures to the mortgagee as security for the debt in like manner as if acquired before the execution.
Mont. Code Ann. § 71-3-712 — MT Code / Title 71 / Chapter 3 / Part 7 / Section 71-3-712
71-3-712 How lien obtained
Status: in_force

71-3-712 . How lien obtained. Any person, company, association, or corporation entitled to a lien under 71-3-711 shall, within 30 days after the insurance is issued, file in the office of the secretary of state a statement of agricultural lien as provided in 71-3-125 . A mutual company may file a lien for the largest amount that may become due under its assessment power, and if the amount assessed is not as large as the amount of the lien claimed, the amount assessed and due is the amount the mutual insurance company is entitled to under this lien. Unless the person, company, association, or corporation entitled to a lien files the agricultural lien statement within the time required, the person or entity is considered to have waived the right to a lien.
Mont. Code Ann. § 71-3-603 — MT Code / Title 71 / Chapter 3 / Part 6 / Section 71-3-603
71-3-603 Extent of liens
Status: in_force

71-3-603 . Extent of liens. (1) The person rendering the service or doing the work or labor named in 71-3-601 (1) through (3) is only entitled to the liens as provided herein for services, work, or labor for the period of 3 calendar months, or any part thereof next preceding the filing of the claim, as provided in 71-3-605 .

(2) The person granting the privilege mentioned in 71-3-601 (4) is only entitled to the lien as provided therein for sawlogs, piling, railroad ties, cordwood, or other timber cut during the 3 months next preceding the filing of the claim, as provided in 71-3-606 .
Mont. Code Ann. § 71-1-204 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-204
71-1-204 Form of mortgage
Status: in_force

71-1-204 . Form of mortgage. A mortgage of real property may be made in substantially the following form:

"This mortgage, made the .... day of ...., in the year ...., by A.B., of ...., mortgagor, to C.D., of ...., mortgagee:

That the mortgagor mortgages to the mortgagee (here describe the property), as security for the payment to the mortgagor of .... dollars, on (or before) the .... day of ...., in the year ...., with interest on that amount (or as security for the payment of an obligation, describing it, etc.).

........................................

A.B."
Mont. Code Ann. § 71-3-542 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-542
71-3-542 Priority of construction liens as against claims other than construction lien claims
Status: in_force

71-3-542 . Priority of construction liens as against claims other than construction lien claims. (1) A construction lien arising under this part has priority over any other interest, lien, mortgage, or encumbrance that may attach to the building, structure, or improvement or on the real property on which the building, structure, or improvement is located and that is filed after the construction lien attaches.

(2) An interest, lien, mortgage, or encumbrance that is filed before the construction lien attaches has priority over a construction lien arising under this part, except as provided in subsections (3) and (4).

(3) A construction lien has priority, to the extent of the value of the work or improvement that is severable, over an interest, lien, mortgage, or encumbrance that is filed before the construction lien attaches. If the work or improvement may be removed without harm to the rest of the real property, the lienholder may have the value determined, the work or improvement sold separately on foreclosure, and the proceeds delivered to the lienholder to satisfy the construction lien.

(4) A construction lien has priority over any interest, lien, mortgage, or encumbrance that is filed before the construction lien attaches if that interest, lien, mortgage, or encumbrance was taken to secure advances made for the purpose of paying for the particular real estate improvement to which the lien was attached.
Mont. Code Ann. § 71-1-321 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-321
71-1-321 Deeds of trust and trust deeds not invalidated
Status: in_force

71-1-321 . Deeds of trust and trust deeds not invalidated. The Small Tract Financing Act of Montana does not invalidate or preclude the use in this state of instruments, sometimes denominated deeds of trust, trust deeds, or trust indentures, which are not executed in conformity with this part, but in which a conveyance for security purposes is made to a trustee or trustees for the benefit of one or more lenders. Such instruments are considered to be mortgages and are subject to all laws relating to mortgages on real property. Every such instrument, recorded as prescribed by law, from the time it is filed for record is constructive notice of its contents to subsequent purchasers and encumbrancers.
Mont. Code Ann. § 71-1-313 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-313
71-1-313 Conditions for foreclosure by advertisement and sale
Status: in_force

71-1-313 . (Temporary) Conditions for foreclosure by advertisement and sale. The trustee may foreclose a trust indenture by advertisement and sale under this part if:

(1) the trust indenture, any assignments of the trust indenture by the trustee or the beneficiary, and any appointment of a successor trustee are recorded in the office of the clerk and recorder of each county in which the property described in the trust indenture or some part thereof is situated;

(2) there is a default by the grantor or other person owing an obligation or by their successors in interest, the performance of which is secured by the trust indenture, with respect to any provision in the indenture which authorizes sale in the event of default of such provision; and

(3) the trustee or beneficiary shall have filed for record in the office of the clerk and recorder in each county where the property described in the indenture or some part thereof is situated a notice of sale, duly executed and acknowledged by such trustee or beneficiary, setting forth:

(a) the names of the grantor, trustee, and beneficiary in the trust indenture and the name of any successor trustee;

(b) a description of the property covered by the trust indenture;

(c) the book and page of the mortgage records where the trust indenture is recorded;

(d) the default for which the foreclosure is made;

(e) the sum owing on the obligation secured by the trust indenture;

(f) the trustee's or beneficiary's election to sell the property to satisfy the obligation;

(g) the date of sale, which shall not be less than 120 days subsequent to the date on which the notice of sale is filed for record, and the time of sale, which shall be between the hours of 9 a.m. and 4 p.m., mountain standard time;

(h) the place of sale which shall be at the courthouse of the county or one of the counties where the property is situated or at the location of the property or at the trustee's usual place of business if within the county or one of the counties where the property is situated.
Mont. Code Ann. § 71-3-909 — MT Code / Title 71 / Chapter 3 / Part 9 / Section 71-3-909
71-3-909 Rules of practice
Status: in_force

71-3-909 . Rules of practice. (1) Except as otherwise provided, the provisions of Title 25 are applicable to and constitute the rules of practice for the enforcement and foreclosure of the lien herein provided for.

(2) The provisions of Title 25 relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this part, apply to the proceedings mentioned in this part.
Mont. Code Ann. § 71-1-210 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-210
71-1-210 Period of mortgage -- renewal
Status: in_force

71-1-210 . Period of mortgage -- renewal. A mortgage of real property made, acknowledged, and recorded as provided by the laws of this state is good against all from the time it is recorded until 8 years after the maturity of the entire debt or obligation secured and no longer unless the mortgagee or the mortgagee's heirs, executors, administrators, representatives, or assigns, within 60 days after the expiration of the 8 years, file in the office of the county clerk where the mortgage is recorded an affidavit setting forth the date of the mortgage, when and where recorded, the amount of the debt secured, and the amount remaining unpaid and that the mortgage is not renewed for the purpose of hindering, delaying, or defrauding creditors of the mortgagor or owner of the land. Upon the filing of the affidavit, the mortgage is valid against all persons for an additional 8 years.
Mont. Code Ann. § 71-3-1212 — MT Code / Title 71 / Chapter 3 / Part 12 / Section 71-3-1212
71-3-1212 Priority
Status: in_force

71-3-1212 . Priority . (1) An agister's lien created under 71-3-1211 does not take precedence over perfected security interests under the Uniform Commercial Code--Secured Transactions or other recorded liens on the stock involved unless, within 30 days from the time of receiving the stock, the person desiring to assert a lien upon the stock gives notice in writing to the secured party or other lienholder stating the intention to assert a lien on the stock under the terms of 71-3-1211 through 71-3-1214 and stating the nature and approximate amount of the work performed or feed furnished or other services furnished or intended to be performed or furnished.

(2) A new notice is not required for the offspring of the stock covered in the initial notice, but all other additional stock must be noticed separately.

(3) Service may be made either by personal service or by mailing a copy of the notice by certified mail to the secured party or other lienholder at the last-known post-office address. Service is considered complete upon the deposit of the notice in the post office.

(4) Within 20 days after the date of mailing or 10 days after personal service, the secured party or other lienholder or the secured party's or other lienholder's representative has the right to take possession of the stock upon payment of the amount of the lien. A failure on the part of the secured party or other lienholder to take possession of the stock constitutes a waiver of the priority of the security interest or other lien over the lien created by 71-3-1211 through 71-3-1214 .
Mont. Code Ann. § 71-3-1201 — MT Code / Title 71 / Chapter 3 / Part 12 / Section 71-3-1201
71-3-1201 Liens for service -- towing and storage lien -- extension of lien to certain personal property contained in motor vehicle that is subject to lien -- nonpossessory special liens
Status: in_force

71-3-1201 . Liens for service -- towing and storage lien -- extension of lien to certain personal property contained in motor vehicle that is subject to lien -- nonpossessory special liens. (1) If there is an express or implied contract for collecting, processing, packaging, or storing embryos or semen from livestock, a reproductive technology business to whom embryos or semen is entrusted and who still has possession has a lien upon the embryos or semen for the amount due for collecting, processing, packaging, or storing the embryos or semen and may retain possession of the embryos or semen until the sum due is paid.

(2) (a) A person who, while lawfully in possession of an article of personal property, product, or commodity renders any service to the owner or lawful claimant of the article by labor or skill employed for the making, repairing, protection, improvement, safekeeping, carriage, towing, or storage of the article or tows or stores the article as directed under authority of law has a special lien on the article. Except as provided in subsection (2)(c), the lien is dependent on possession and is for the compensation, if any, that is due to the person from the owner or lawful claimant for the service and for material, if any, furnished in connection with the service. If the service is towing or storage, the lien is for the reasonable cost of the towing or storage.

(b) Any personal property that is in a motor vehicle belonging to an uninsured or underinsured person, or for which an insurance claim was not filed or insurance coverage for towing and storage cannot be verified, that is subject to a lien as provided in subsection (2)(a) is also subject to the lien, except for the following:

(i) consumer food products not for resale or purchase;

(ii) consumer perishable goods not for resale or purchase;

(iii) prescription items;

(iv) original operators' licenses and other original identifying documents;

(v) cash, credit cards, debit cards, checks, or checkbooks;

(vi) original personal records, original legal records, and original business records;

(vii) child safety items; and

(viii) wallets or purses.

(c) A special lien is not dependent on possession if the person asserting the lien gives the owner or the owner's agent, or attaches to the article, a document identifying the article and its owner, the services performed, the cost of those services, the cost to the owner of any parts, accessories, or equipment installed, and the signature and contact information of the person asserting the nonpossessory special lien. The person desiring to assert a special lien upon the property must also file a financing statement in the office designated for filing as provided in 30-9A-501 . A nonpossessory special lien may be asserted on:

(i) implements of husbandry as defined in 61-1-101 ;

(ii) construction equipment as defined in 61-10-102 ;

(iii) motorized lawncare and landscaping equipment; and

(iv) forestry equipment.

(d) The special lien created under subsection (2)(c) may not take precedence over perfected security interests under the Uniform Commercial Code--Secured Transactions or other recorded liens on the property involved unless, within 30 days from the time of the completion of the service, repair, or improvement of the property, the person desiring to assert a special lien upon the property gives notice in writing to the secured party or other lienholder stating the intention to assert a special lien on the property under the terms of subsection (2)(c) and stating the nature and approximate amount of the work performed or other services furnished and the cost of any parts, accessories, or equipment installed. Service may be made either by personal service or by mailing by registered or certified mail a copy of the notice to the secured party or other lienholder at the last-known post office address. Service must be considered complete upon the deposit of the notice in the post office.
Mont. Code Ann. § 71-1-221 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-221
71-1-221 Definition of foreclosure
Status: in_force

71-1-221 . Definition of foreclosure. The term "foreclosure" for the purpose of this part shall include sale or possession of real property made or taken whether by judicial proceedings or otherwise.
Mont. Code Ann. § 71-3-906 — MT Code / Title 71 / Chapter 3 / Part 9 / Section 71-3-906
71-3-906 Parties
Status: in_force

71-3-906 . Parties. All persons interested in the matter in controversy or the property to be charged with the lien or having liens thereon shall be made parties to an action for the foreclosure thereof.
Mont. Code Ann. § 71-1-111 — MT Code / Title 71 / Chapter 1 / Part 1 / Section 71-1-111
71-1-111 Power of sale
Status: in_force

71-1-111 . Power of sale. A power of sale may be conferred by a mortgage upon the mortgagee or any other person, to be exercised after a breach of the obligation for which the mortgage is a security.
Mont. Code Ann. § 71-3-612 — MT Code / Title 71 / Chapter 3 / Part 6 / Section 71-3-612
71-3-612 Requirements to be bona fide purchaser
Status: in_force

71-3-612 . Requirements to be bona fide purchaser. It must be conclusively presumed by the court that a party purchasing the property subject to the lien within the 30 days given in this part to claimants in which to file their liens is not an innocent third party nor that the party has become a bona fide owner of the property subject to the lien unless it appears that the party has paid full value for the property and has seen that the purchase money of the property has been applied to the payment of bona fide claims that are entitled to liens upon the same property under the provisions of this part, according to the priorities established in this part.