Mont. Code Ann. § 71-3-809 — MT Code / Title 71 / Chapter 3 / Part 8 / Section 71-3-809
71-3-809 Rules of practice
Status: in_force

71-3-809 . Rules of practice. 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.
Mont. Code Ann. § 71-2-109 — MT Code / Title 71 / Chapter 2 / Part 1 / Section 71-2-109
71-2-109 When real owner cannot defeat pledge
Status: in_force

71-2-109 . When real owner cannot defeat pledge. A person who has allowed another to assume the apparent ownership of property for the purpose of making any transfer of it may not set up the person's own title to defeat a pledge of the property made by the other to a pledgee who received the property in good faith in the ordinary course of business and for value.
Mont. Code Ann. § 71-3-1506 — MT Code / Title 71 / Chapter 3 / Part 15 / Section 71-3-1506
71-3-1506 Tax deficiency lien
Status: in_force

71-3-1506 . Tax deficiency lien. A municipality has a lien for tax deficiency payments as described in a properly filed agreement for tax deficiency payment pursuant to 7-15-4294 . The lien has the same priority as a lien for general property taxes. Lien proceeds must be disbursed pursuant to 7-15-4286 (2)(a).
Mont. Code Ann. § 71-1-211 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-211
71-1-211 Satisfaction of mortgage -- record thereof
Status: in_force

71-1-211 . Satisfaction of mortgage -- record thereof. (1) A mortgage must be discharged upon the record by the county clerk in whose custody it is recorded whenever there is presented to the clerk a certificate executed by the mortgagee or the mortgagee's personal representative or assignee, acknowledged or proved and certified as prescribed in this chapter that entitles a conveyance to be recorded, specifying that the mortgage has been paid or otherwise satisfied or discharged.

(2) Every certificate and the proof and acknowledgment must be recorded at full length, and a reference must be made to the book and page containing the record in the mortgagor and mortgagee indexes as to the discharge of the mortgage.
Mont. Code Ann. § 71-3-109 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-109
71-3-109 Certain contracts void
Status: in_force

71-3-109 . Certain contracts void. Except as otherwise provided by the Uniform Commercial Code, all contracts for the forfeiture of property subject to a lien in satisfaction of the obligation secured thereby and all contracts in restraint of the right of redemption from a lien are void.
Mont. Code Ann. § 71-3-713 — MT Code / Title 71 / Chapter 3 / Part 7 / Section 71-3-713
71-3-713 Acknowledgment of satisfaction of lien -- penalty
Status: in_force

71-3-713 . Acknowledgment of satisfaction of lien -- penalty. (1) Whenever the indebtedness that is a lien upon grain or other crops is paid or satisfied on or before November 1 of the current year, it is the duty of the lienor to acknowledge satisfaction of the lien within 20 days after receiving payment and to discharge the lien of record. If any lienor fails to acknowledge satisfaction and discharge of the lien, the lienor is liable to any person injured by the failure in the amount of the injury and the costs of action. If any hail lien is not satisfied on or before March 1 of the next succeeding year after the insurance was carried on the crop, the lien is considered satisfied and released of record.

(2) A termination statement as described in 30-9A-513 must be filed with the secretary of state with the same obligations and penalties described in subsection (1).
Mont. Code Ann. § 71-3-701 — MT Code / Title 71 / Chapter 3 / Part 7 / Section 71-3-701
71-3-701 Lien for seed or grain
Status: in_force

71-3-701 . Lien for seed or grain. A person, company, association, or corporation that furnishes to another seed to be sown or planted or funds or means with which to purchase seed to be sown or planted or to be used in the production or cultivation of a crop or crops on the lands owned or contracted to be purchased, used, leased, occupied, or rented by the other person or held under government entry, upon filing the statement provided for in 71-3-703 , has a lien not exceeding the purchase price of the seed or grain furnished upon the crop produced from the seed or grain furnished, or any part of the crop, and upon the seed or grain threshed from the crop to secure the payment of the amount or the value of the seed or grain furnished or the funds or means advanced to purchase the seed or grain.
Mont. Code Ann. § 71-3-206 — MT Code / Title 71 / Chapter 3 / Part 2 / Section 71-3-206
71-3-206 Fees
Status: in_force

71-3-206 . Fees. (1) The fee for filing and indexing each notice of lien or certificate or notice affecting the tax lien must be established in accordance with the provisions of 30-9A-519 .

(2) The officer shall bill the district directors of internal revenue or other appropriate federal officials on a monthly basis for fees for documents filed by them.
Mont. Code Ann. § 71-3-1303 — MT Code / Title 71 / Chapter 3 / Part 13 / Section 71-3-1303
71-3-1303 Extent of liens
Status: in_force

71-3-1303 . Extent of liens. The liens defined in 71-3-1301 and 71-3-1302 are valid against everyone claiming under the debtor, except a purchaser and encumbrancer in good faith and for value.
Mont. Code Ann. § 71-3-705 — MT Code / Title 71 / Chapter 3 / Part 7 / Section 71-3-705
71-3-705 Destruction of records -- when allowed
Status: in_force

71-3-705 . Destruction of records -- when allowed. (1) All seed liens filed for record in the office of any county clerk and recorder must be retained by the county clerk in a file kept for that purpose for a period of 8 years from the time when the seed lien has ceased to be a lien on the property described in the lien.

(2) Upon the expiration of the period of time specified in subsection (1), the county clerk and recorder may destroy all seed liens that have been preserved for the period of time specified in this section, upon approval by the local government records destruction subcommittee provided for in 2-6-1202 .
Mont. Code Ann. § 71-3-615 — MT Code / Title 71 / Chapter 3 / Part 6 / Section 71-3-615
71-3-615 Sale of property to satisfy lien
Status: in_force

71-3-615 . Sale of property to satisfy lien. The court may order any property subject to a lien as provided in this part to be sold by the sheriff as personal property is sold on execution, either before or at the time judgment is rendered, as provided in 71-3-614 , and the proceeds of such sale must be paid into court to be applied as directed in 71-3-614 .
Mont. Code Ann. § 71-3-111 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-111
71-3-111 Creation of lien not a personal obligation
Status: in_force

71-3-111 . Creation of lien not a personal obligation. The creation of a lien does not itself imply that any person is bound to perform the act for which the lien is a security.
Mont. Code Ann. § 71-3-1009 — MT Code / Title 71 / Chapter 3 / Part 10 / Section 71-3-1009
71-3-1009 Liability fixed
Status: in_force

71-3-1009 . Liability fixed. This part may not be construed to fix a greater liability against the owner of the land or leasehold interest in the land than the price or sum stipulated by the owner to be paid for the materials or services furnished or labor performed. However, the risk of all payments made to the original contractor must be upon the owner if the payments are made after written notice from a person other than an original contractor is received by the owner at the owner's residence or principal place of business. The notice must set forth the name and address of the claimant and the amount and nature of the claim. Payment by the owner to the original contractor of all or any part of the contract price prior to the receipt of the notice must operate to discharge and satisfy all liens attaching to the property of the owner by virtue of this part to the extent of the payment. The owner does not have the right to offset obligations of the original contractor unless the obligations arise out of the original contract.
Mont. Code Ann. § 71-3-1204 — MT Code / Title 71 / Chapter 3 / Part 12 / Section 71-3-1204
71-3-1204 Lien not lost by fraudulent taking of property
Status: in_force

71-3-1204 . Lien not lost by fraudulent taking of property. The lien created by this part shall not be lost by reason of any forcible or fraudulent taking of the property from the possession of the person entitled to said lien, but in all such cases the person entitled to such lien shall be entitled to recover possession of the property by proper action instituted in court against any person in whose possession the property may be found.
Mont. Code Ann. § 71-1-308 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-308
71-1-308 Reconveyance of trust indenture -- forms -- objections to reconveyance
Status: in_force

71-1-308 . Reconveyance of trust indenture -- forms -- objections to reconveyance. (1) A title insurer or title insurance producer may reconvey a trust indenture in accordance with the provisions of this section if:

(a) the obligation secured by the trust indenture has been fully paid by the title insurer or title insurance producer; or

(b) the obligation secured by the trust indenture was fully paid by a former title insurer, title insurance producer, or predecessor of the title insurer or title insurance producer.

(2) A title insurer or title insurance producer may reconvey a trust indenture regardless of whether the title insurer or title insurance producer is named as a trustee under a trust indenture.

(3) At the time that the obligation secured by the trust indenture is paid in full, or at any time after payment, the title insurer or title insurance producer shall deliver by certified mail a notice of intent to reconvey and a copy of the reconveyance to be recorded to the beneficiary or servicer at:

(a) the address specified in the trust indenture;

(b) any address for the beneficiary or servicer specified in the last-recorded assignment of the trust indenture;

(c) any address for the beneficiary or servicer specified in a request for notice recorded under 71-1-314 ; or

(d) the address shown on any payoff statement received by the title insurer or title insurance producer from the beneficiary or servicer.

(4) (a) The notice of intent to reconvey must contain the name of the beneficiary and the servicer if loan payments on the trust indenture are collected by a servicer, the name of the title insurer or title insurance producer, and the date that the notice is signed.

(b) The notice must be substantially in the following form:

"NOTICE OF INTENT TO RECONVEY

NOTICE IS HEREBY GIVEN TO YOU AS FOLLOWS:

1. THIS NOTICE CONCERNS THE (TRUST INDENTURE) DESCRIBED AS FOLLOWS:

(GRANTOR) :........................................

(BENEFICIARY) :.......................................................

RECORDING INFORMATION:..................................

DOCUMENT NUMBER:........................................

BOOK NUMBER:............................................

PAGE NUMBER:............................................

2. THE UNDERSIGNED CLAIMS TO HAVE PAID IN FULL OR POSSESSES SATISFACTORY EVIDENCE OF THE FULL PAYMENT OF THE OBLIGATION SECURED BY THE TRUST INDENTURE DESCRIBED ABOVE.

3. THE UNDERSIGNED WILL FULLY RECONVEY THE TRUST INDENTURE DESCRIBED IN THIS NOTICE WITHIN 90 DAYS FROM THE DATE STATED ON THIS NOTICE UNLESS:

(A) A RECONVEYANCE OF THE TRUST INDENTURE HAS BEEN RECORDED; OR

(B) THE UNDERSIGNED HAS RECEIVED BY CERTIFIED MAIL A NOTICE STATING THAT THE OBLIGATION SECURED BY THE TRUST INDENTURE HAS NOT BEEN PAID IN FULL OR THAT YOU OTHERWISE OBJECT TO THE RECONVEYANCE OF THE TRUST DEED. NOTICE MUST BE MAILED TO THE ADDRESS STATED ON THIS FORM.

(C) PURSUANT TO 71-1-307 , MCA, A BENEFICIARY OR SERVICER MAY BE LIABLE FOR DAMAGES, COSTS, AND PENALTIES FOR FAILING TO RECONVEY A TRUST INDENTURE WITHIN 90 DAYS OF THE DATE STATED IN THIS NOTICE IF THE OBLIGATION SECURED BY THE TRUST INDENTURE HAS BEEN FULLY PAID PRIOR TO THE DELIVERY OF THIS NOTICE.

4. A COPY OF THE RECONVEYANCE OF TRUST INDENTURE IS ENCLOSED WITH THIS NOTICE.

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

(SIGNATURE OF TITLE INSURER OR TITLE INSURANCE PRODUCER)

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

(ADDRESS OF TITLE INSURER OR TITLE INSURANCE PRODUCER)"

(5) (a) If, within 90 days from the day on which the title insurer or title insurance producer delivers the notice of intent to reconvey, the beneficiary or servicer does not send by certified mail to the title insurer or title insurance producer a notice that the obligation secured by the trust indenture has not been paid in full or that the beneficiary or servicer objects to the reconveyance of the trust indenture, the title insurer or title insurance producer may execute, acknowledge, and record a reconveyance of a trust indenture.

(b) A reconveyance of a trust indenture must be in substantially the following form:

"RECONVEYANCE OF TRUST INDENTURE

(Name of title insurer or title insurance producer) authorized to conduct business in this state reconveys, without warranty, the following trust property located in (name of county), state of Montana, that is covered by a trust indenture naming (name of grantor) as grantor, and (name of beneficiary) as beneficiary that was recorded on (date) in book .............. at page ........ as document number .............: (insert a description of the trust property.)

The undersigned title insurer or title insurance producer certifies as follows:

1. The undersigned title insurer or title insurance producer has fully paid the obligation secured by the trust indenture or possesses satisfactory evidence of the full payment of the obligation secured by the trust indenture.

2. As required by 71-1-308 , the title insurer or title insurance producer delivered to the beneficiary or servicer a notice of intent to reconvey and a copy of the reconveyance.

3. The trust indenture has not been reconveyed and the title insurer or title insurance producer did not receive, within 90 days from the day on which the title insurer or title insurance producer delivered the notice of intent to reconvey to the beneficiary or servicer, a notice from the beneficiary or servicer, sent by certified mail, that the obligation secured by the trust indenture has not been paid in full or that the beneficiary or servicer objects to the reconveyance of the trust indenture.

............................................ ...................................................................................... (Notarization) (Signature of title insurer or title insurance producer)"

(c) (i) A reconveyance of trust indenture executed and notarized in accordance with subsection (5)(b) may be recorded.

(ii) Except as provided in subsection (5)(c)(iii), a reconveyance of a trust indenture that is recorded in compliance with subsection (5)(c)(i) is valid regardless of any deficiency in the reconveyance procedure not disclosed in the reconveyance of trust indenture.

(iii) If the title insurer's or title insurance producer's signature on a reconveyance of trust recorded under subsection (5)(c)(i) is forged, the release of mortgage or reconveyance of trust is void.

(6) A reconveyance of trust indenture pursuant to the provisions of this section does not, by itself, discharge any promissory note or other obligation that was secured by the trust indenture at the time that the trust indenture was reconveyed.
Mont. Code Ann. § 71-3-1202 — MT Code / Title 71 / Chapter 3 / Part 12 / Section 71-3-1202
71-3-1202 Priority
Status: in_force

71-3-1202 . Priority. (1) Subject to subsection (4), the lien created 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 receiving the property, the person desiring to assert a lien upon the property gives notice in writing to the secured party or other lienholder, stating the intention to assert a lien on the property, under the terms of this part, and stating the nature and approximate amount of the work performed or feed or other services furnished or intended to be performed or furnished.

(2) 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.

(3) 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 property 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 property constitutes a waiver of the priority of the security interest or other lien over the lien created by this part.

(4) With regard to a reproductive technology business, the lien created may not take precedence over perfected security interests under the Uniform Commercial Code--Secured Transactions or other recorded liens on the embryos or semen involved unless, within 30 days from the time of harvesting or collecting the embryos or semen, the person desiring to assert a lien upon the embryos or semen gives notice in writing to the secured party or other lienholder stating the intention to assert a lien on the embryos or semen under the terms of this part and stating the nature and approximate amount of the work performed or other services furnished or intended to be performed or furnished.
Mont. Code Ann. § 71-3-305 — MT Code / Title 71 / Chapter 3 / Part 3 / Section 71-3-305
71-3-305 Proceeding if claim disputed
Status: in_force

71-3-305 . Proceeding if claim disputed. (1) If any or all of the claims presented and claiming preference under this part are disputed by either the debtor or a creditor, the person presenting the claim shall commence an action within 10 days after notice of the dispute is served upon the claimant, as provided in subsection (2), for the recovery of the claim. The officer shall retain possession of as much of the proceeds of the sale as may be necessary to satisfy the claim and costs until the final determination of the action. If judgment is given, the costs are a preferred claim, which may include reasonable attorney fees.

(2) The debtor or creditor intending to dispute any claim presented under the provisions of 71-3-303 shall, within 10 days after receiving notice of the claim, serve upon the claimant and officer holding the execution, attachment, or other writ a statement in writing, verified by the oath of the debtor or person disputing the claim for services, setting forth that no part of the claim, not exceeding a sum specified, is justly due from the debtor to the claimant for services rendered within the 4 months preceding the levy of the execution, attachment, or other writ.

(3) If the claimant brings suit on a claim that is disputed in part only and fails to recover a sum exceeding that which was admitted to be due, the claimant may not recover costs, but costs must be adjudged against the claimant. If the claimant fails to bring suit upon a claim that is disputed in part only, the claimant is considered to have waived the disputed portion of the claim.
Mont. Code Ann. § 71-3-119 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-119
71-3-119 Lien accessory to performance
Status: in_force

71-3-119 . Lien accessory to performance. A lien is to be accessory to the act for the performance of which it is a security, whether any person is bound for such performance or not, and is extinguishable in like manner with any other accessory obligation.
Mont. Code Ann. § 71-1-222 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-222
71-1-222 Proceedings in foreclosure suits
Status: in_force

71-1-222 . Proceedings in foreclosure suits. (1) There is only one action for the recovery of debt or the enforcement of any right secured by a mortgage upon real estate, and that action must be in accordance with the provisions of this part. In the action, the court may, by its judgment, direct:

(a) a sale of the encumbered property or as much of the property as may be necessary;

(b) the application of the proceeds of the sale, including the payment of property taxes due at the time of foreclosure; and

(c) the payment of the costs of the court, the expenses of the sale, and the amount due the plaintiff.

(2) If it appears from the sheriff's return that the proceeds are insufficient and a balance still remains due, judgment can then be docketed for the balance against the defendant or defendants personally liable for the debt, and it becomes a lien upon the real estate of the judgment debtor, as in other cases on which execution may be issued.

(3) A person holding a conveyance from or under the mortgagor of the property mortgaged or having a lien on the property, which conveyance or lien does not appear of record in the proper office at the time of the commencement of the action, does not have to be made a party to the action. The judgment and the proceedings are as conclusive against the party holding the unrecorded conveyance or lien as if the holding party had been made a party to the action.

(4) The one-action limitation in this section does not prohibit an act or proceeding:

(a) to appoint a receiver for or obtain possession of real or personal property collateral for the debt or other obligation;

(b) to enforce a security interest in or the assignment of any rents, issues, profits, or other income of any real or personal property;

(c) to enforce a mortgage or other lien on real or personal property collateral located outside this state that is security for the same debt or other right secured by real property in this state;

(d) to secure a judgment outside this state on a debt or other right secured by real property in this state and by real or personal property collateral located outside this state;

(e) for the exercise of a power of sale conferred pursuant to the provisions of 71-1-223 or a foreclosure by advertisement and sale pursuant to Title 71, chapter 1, part 3;

(f) for the exercise of a right or remedy under the Montana Uniform Commercial Code, except securing a judgment on a secured debt, including a deficiency judgment on a secured debt, in a court in Montana;

(g) for the exercise of a right or remedy under the uniform commercial code of another state;

(h) for claim and delivery of personal property pursuant to the provisions of Title 27, chapter 17;

(i) for the exercise of a right to set off a deposit or share account, to enforce a pledge in a deposit or share account pursuant to a written agreement or pledge, or to enforce a financial institution's statutory lien;

(j) to draw under a letter of credit;

(k) for the recovery of damages arising from the commission of a tort or the recovery of any declaratory or equitable relief;

(l) to collect a debt or enforce a right or obligation secured by a junior mortgage or other junior lien on real property if the property has been sold to satisfy, in whole or in part, a debt or other right or obligation secured by a senior mortgage or other senior lien on the property;

(m) concerning a mortgage securing a debt or right guaranteed, to enforce an agreement with a surety or guarantor of the debt or right secured by a mortgage on real estate, if the surety or guaranty obligation is not secured by the same mortgage;

(n) relating to a proceeding in bankruptcy, including filing a proof of claim, to seek relief from an automatic stay and any other action to determine the amount or validity of a debt or right or obligation secured by a mortgage;

(o) for filing a claim or to enforce a claim disallowed pursuant to the Montana Uniform Probate Code;

(p) that does not include collection of the debt or realization of the collateral securing the debt or other obligation;

(q) that is exempted from the provisions of this section by law;

(r) to recover costs of suit, costs and expenses of sale, attorney fees, and other incidental relief in connection with any act or proceeding authorized in this subsection (4); or

(s) for recovery of a debt or for enforcement of a right secured by a mortgage when the mortgage security in this state has become valueless through no fault of the mortgagee.
Mont. Code Ann. § 71-3-122 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-122
71-3-122 Lien extinguished by statute of limitations
Status: in_force

71-3-122 . Lien extinguished by statute of limitations. A lien is extinguished by the lapse of the time within which, under the provisions of Title 27, an action can be brought upon the principal obligation.
Mont. Code Ann. § 71-1-113 — MT Code / Title 71 / Chapter 1 / Part 1 / Section 71-1-113
71-1-113 Limit on the amount of funds on reserve
Status: in_force

71-1-113 . Limit on the amount of funds on reserve. Except as provided in 71-1-114 , if a lending institution requires a borrower under a mortgage or trust indenture of real property to include in the borrower's regular payment additional payment into a reserve fund held by the lending institution for the future payment of property taxes, insurance premiums, and other expenses, the amount of funds on reserve may not exceed 110% of the projected amount needed to pay those expenses.
Mont. Code Ann. § 71-3-103 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-103
71-3-103 No lien for claim not due
Status: in_force

71-3-103 . No lien for claim not due. No lien arises by mere operation of law until the time at which the act to be secured thereby ought to be performed.
Mont. Code Ann. § 71-3-801 — MT Code / Title 71 / Chapter 3 / Part 8 / Section 71-3-801
71-3-801 Who may have lien -- amount
Status: in_force

71-3-801 . Who may have lien -- amount. (1) All threshers or swathers owning or operating threshing or swathing machines and all owners of combine harvesters and threshers have a lien upon the grain and other crops swathed or threshed by the threshing or swathing machine or cut and threshed by the combine harvester and thresher for and on account of the services rendered and the labor performed by them on the grain and crops swathed or threshed. The lien may be claimed by the owner of the grain for the reasonable value of the services if services are performed by the owner. Liens on grain and other crops must be charged for at the prevailing price for that particular locality in which the grain or other crop is threshed, harvested, or combined if notices are given and the lien is filed within the time provided by this part.

(2) If the prevailing price for threshing, harvesting, or combining grain or other crops is disputed by the thresher or swather and the owner of the grain or other crop, the matter may be submitted to arbitration under the provisions of Title 27, chapter 5.
Mont. Code Ann. § 71-1-101 — MT Code / Title 71 / Chapter 1 / Part 1 / Section 71-1-101
71-1-101 Definition
Status: in_force

71-1-101 . Definition. "Mortgage" is a contract by which specific property is hypothecated for the performance of an act, without the necessity of a change of possession.
Mont. Code Ann. § 71-3-1503 — MT Code / Title 71 / Chapter 3 / Part 15 / Section 71-3-1503
71-3-1503 Officer's lien
Status: in_force

71-3-1503 . Officer's lien. An officer who levies an attachment or execution upon personal property acquires a special lien, dependent on possession, upon that property, which authorizes the officer to hold it until the process is discharged or satisfied or a judicial sale of the property is had.
Mont. Code Ann. § 71-3-613 — MT Code / Title 71 / Chapter 3 / Part 6 / Section 71-3-613
71-3-613 Parties
Status: in_force

71-3-613 . Parties. Any number of persons claiming liens under this part may join in the affidavit in 71-3-605 and may join in the same action and when separate actions are commenced, the court may consolidate them.
Mont. Code Ann. § 71-3-202 — MT Code / Title 71 / Chapter 3 / Part 2 / Section 71-3-202
71-3-202 Uniformity of interpretation
Status: in_force

71-3-202 . Uniformity of interpretation. This part shall be so construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
Mont. Code Ann. § 71-3-1117 — MT Code / Title 71 / Chapter 3 / Part 11 / Section 71-3-1117
71-3-1117 Liability for failure to recognize lien
Status: in_force

71-3-1117 . Liability for failure to recognize lien. If any insurer or person, after receiving notice of a lien, makes payment on account of injury, disease, counseling service, or death and the amount of the lien claimed by any 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 has not been paid, the insurer or person is liable to the 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 for the reasonable value of the services.
Mont. Code Ann. § 71-1-230 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-230
71-1-230 Action to redeem mortgage
Status: in_force

71-1-230 . Action to redeem mortgage. An action to redeem a mortgage of real property, with or without an account of rents and profits, may be brought by the mortgagor or those claiming under the mortgagor against the mortgagee in possession or those claiming under the mortgagee unless the mortgagee in possession or those claiming under the mortgagee have continuously maintained an adverse possession of the mortgaged premises for 10 years after breach of some condition of the mortgage.
Mont. Code Ann. § 71-1-304 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-304
71-1-304 Trust indentures authorized -- power of sale for breach in trustee
Status: in_force

71-1-304 . Trust indentures authorized -- power of sale for breach in trustee. (1) A transfer in trust of an interest in real property of an area not exceeding 40 acres may be made to secure the performance of an obligation of a grantor or any other person named in the indenture to a beneficiary. However, a trust indenture may not be substituted for a mortgage that was in existence on March 5, 1963.

(2) When a transfer in trust of an interest in real property is made to secure the performance of the obligation referred to in subsection (1), a power of sale is conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.

(3) A trust indenture executed in conformity with this part may be foreclosed by advertisement and sale in the manner provided in this part or, at the option of the beneficiary, by judicial procedure as provided by law for the foreclosure of mortgages on real property. The power of sale may be exercised by the trustee without express provision in the trust indenture.

(4) If a trust indenture states that the real property involved does not exceed 40 acres, the statement is binding upon all parties and conclusive as to compliance with the provisions of this part relative to the power to make a transfer, trust, and power of sale.
Mont. Code Ann. § 71-1-205 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-205
71-1-205 Priorities
Status: in_force

71-1-205 . Priorities. Any lien entitled to actual priority over the lien of mortgage by force of any express provision of the laws of this state shall continue to have priority to the extent prescribed by law.
Mont. Code Ann. § 71-1-226 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-226
71-1-226 Proceedings when debt secured falls due at different times
Status: in_force

71-1-226 . Proceedings when debt secured falls due at different times. If the debt for which the mortgage, lien, or encumbrance is held is not all due, as soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease; and afterward, as often as more becomes due, for principal or interest, the court may, on motion, order more to be sold. But if the property cannot be sold in portions without injury to the parties, the whole may be ordered to be sold in the first instance and the entire debt and costs paid, there being a rebate of interest where such rebate is proper.
Mont. Code Ann. § 71-1-202 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-202
71-1-202 Mortgage not considered conveyance -- recovery of possession
Status: in_force

71-1-202 . Mortgage not considered conveyance -- recovery of possession. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale. When the mortgage confers a power of sale, as mentioned in 71-1-111 , possession may be recovered according to the terms of the mortgage.
Mont. Code Ann. § 71-3-117 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-117
71-3-117 Right to redeem
Status: in_force

71-3-117 . Right to redeem. Except as otherwise provided by the Uniform Commercial Code, a person having an interest in property subject to a lien has a right to redeem it from the lien at any time after the claim is due and before the person's right of redemption is foreclosed.
Mont. Code Ann. § 71-1-314 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-314
71-1-314 Requests for copies of notice of sale
Status: in_force

71-1-314 . Requests for copies of notice of sale. At any time subsequent to the recordation of a trust indenture and prior to the recordation of notice of sale under the indenture, any person desiring a copy of any notice of sale under a trust indenture as provided in 71-1-315 (1) may cause to be filed for record in the office of the county clerk and recorder of the county or counties in which any part or parcel of the real property is situated, a duly acknowledged request for a copy of any notice of sale, showing service upon the trustee. The request shall contain the name and address of the person requesting a copy of the notice and shall identify the trust indenture by stating the names of the parties to the indenture, the date of recordation of the indenture, and the book and page where the indenture is recorded. The county clerk and recorder shall immediately make a cross-reference of the request to the trust indenture either on the margin of the page where the trust indenture is recorded or in some other suitable place. No request, statement, or notation placed on the record pursuant to this section shall affect title to the property or be deemed notice to any person that any person so recording the request has any right, title, interest in, lien, or charge upon the property referred to in the trust indenture.
Mont. Code Ann. § 71-2-104 — MT Code / Title 71 / Chapter 2 / Part 1 / Section 71-2-104
71-2-104 Pledgee or pledge holder for reward
Status: in_force

71-2-104 . Pledgee or pledge holder for reward. A pledgee or a pledge holder for reward assumes the duties and liabilities of a depositary for reward.
Mont. Code Ann. § 71-1-106 — MT Code / Title 71 / Chapter 1 / Part 1 / Section 71-1-106
71-1-106 Waste prohibited
Status: in_force

71-1-106 . Waste prohibited. No person whose interest is subject to the lien of a mortgage may do any act which will substantially impair the mortgagee's security.
Mont. Code Ann. § 71-3-1005 — MT Code / Title 71 / Chapter 3 / Part 10 / Section 71-3-1005
71-3-1005 Enforcement of liens -- duty of county clerks
Status: in_force

71-3-1005 . Enforcement of liens -- duty of county clerks. The liens herein created shall be enforced in the same manner and the duty of county clerks with respect to the filing and abstracting of liens shall be the same as now provided by the laws for materialmen's and construction liens.
Mont. Code Ann. § 71-1-309 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-309
71-1-309 Objection to reconveyance
Status: in_force

71-1-309 . Objection to reconveyance. A title insurer or title insurance producer may not record a reconveyance of trust indenture if, within 90 days of the date of the notice of intent to reconvey, the beneficiary or servicer notifies the title insurer or title insurance producer that the obligation has not been paid in full or that the beneficiary or servicer objects to the reconveyance.
Mont. Code Ann. § 71-3-1402 — MT Code / Title 71 / Chapter 3 / Part 14 / Section 71-3-1402
71-3-1402 Enforcement of lien
Status: in_force

71-3-1402 . Enforcement of lien. Any hotelkeeper or innkeeper who has a lien upon any of the goods, baggage, or other chattel property of the hotelkeeper's or innkeeper's guests may, at the expiration of 6 months from the date of the departure of the guest from the hotel or inn, sell and dispose of the baggage or property at public auction and to the highest bidder for cash or as much that is necessary to pay the sum due the hotelkeeper or innkeeper, together with the cost of storage, advertisement, and sale.
Mont. Code Ann. § 71-3-524 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-524
71-3-524 Limitation of lien for materials supplied
Status: in_force

71-3-524 . Limitation of lien for materials supplied. (1) A lien for furnishing materials arises only if:

(a) (i) the materials are supplied with the intent that they be used in the course of construction of or incorporated into the improvement in connection with which the lien arises; and

(ii) the intent described in subsection (1)(a)(i) may be shown by a contract of sale, by a delivery order, by delivery to the site by the lien claimant or at the lien claimant's direction, or by other evidence; and

(b) the materials are:

(i) incorporated in the improvement or consumed as normal wastage in construction operations;

(ii) specifically fabricated for incorporation into the improvement and not readily resalable in the ordinary course of the fabricator's business, even though the materials are not actually incorporated into the improvement;

(iii) used for the construction or operation of machinery or equipment used in the course of construction and not remaining in the improvement, subject to diminution by the salvage value of those materials; or

(iv) tools, appliances, or machinery used on the particular improvement. However, a lien for supplying tools, appliances, or machinery used on the improvement is limited as provided by subsection (3).

(2) The delivery of materials to the site of the improvement, whether by the lien claimant or by another, creates a presumption that they were used in the course of construction or were incorporated into the improvement.

(3) A lien arising for the supplying of tools, appliances, or machinery under subsection (1)(b)(iv) is limited as follows:

(a) if they are rented, the lien is for the reasonable rental value for the period of actual use, including any reasonable periods of nonuse provided for in the rental contract; and

(b) if they are purchased, the lien is for the price but arises only if they were purchased for use in the course of the particular improvement and have no substantial value after the completion of the improvement on which they were used.
Mont. Code Ann. § 71-2-107 — MT Code / Title 71 / Chapter 2 / Part 1 / Section 71-2-107
71-2-107 Property pledged to extent of lien
Status: in_force

71-2-107 . Property pledged to extent of lien. A person who has a lien upon property may pledge it to the extent of the person's lien.
Mont. Code Ann. § 71-3-1502 — MT Code / Title 71 / Chapter 3 / Part 15 / Section 71-3-1502
71-3-1502 Banker's lien
Status: in_force

71-3-1502 . Banker's lien. A banker has a general lien, dependent on possession, upon all property in the banker's hands belonging to a customer for the balance due to the banker from the customer in the course of the business.
Mont. Code Ann. § 71-3-1601 — MT Code / Title 71 / Chapter 3 / Part 16 / Section 71-3-1601
71-3-1601 Short title
Status: in_force

71-3-1601 . Short title. This part may be cited as the "Montana Oil and Gas Owners' Lien Act".
Mont. Code Ann. § 71-3-1607 — MT Code / Title 71 / Chapter 3 / Part 16 / Section 71-3-1607
71-3-1607 Expiration of lien -- enforcement -- consolidation -- costs -- personal actions -- other rights and remedies
Status: in_force

71-3-1607 . Expiration of lien -- enforcement -- consolidation -- costs -- personal actions -- other rights and remedies. (1) A security interest and lien claimed by an interest owner under 71-3-1603 and perfected under 71-3-1605 are attached to oil or gas that has not been paid for or to the proceeds of oil or gas if the oil or gas has been sold. The security interest and lien expire 1 year after the date of the filing of the notice of the lien under 71-3-1605 unless within that year the interest owner files a personal right of action, as provided in subsection (2), in a court of competent jurisdiction in the county in which the leasehold is located. The interest owner may request an extension of the security interest and lien as part of the personal right of action filing.

(2) Any number of persons claiming security interests and liens with respect to the oil or gas from the same leasehold may join a personal right of action. The court may consolidate any separate personal rights of action.

(3) The court may allow to the prevailing party costs as provided in 71-3-124 and any money paid for copying or obtaining records filed under this part.

(4) If the personal right of action is commenced after the filing of an instrument, as provided in 71-3-1605 , the instrument must be considered as a lien upon the severed oil or gas or on the proceeds from the sale of the severed oil or gas, if sold, to the extent of the interest owner's claim for payment of the amount due the interest owner or the amount of the security interest and lien recorded under 71-3-1605 by the interest owner. The security interest and lien may be further enforced as provided in 71-3-124 .

(5) The provisions of this part do not impair or affect the right of a person to whom a debt may be due to maintain a personal right of action to recover the debt against a person who is liable for the debt.

(6) The provisions of this part are cumulative to the provisions of Title 30, chapter 9A, and not a limitation on or a substitution or impairment of any rights or remedies provided to a creditor against a debtor under Title 30, chapter 9A.
Mont. Code Ann. § 71-2-106 — MT Code / Title 71 / Chapter 2 / Part 1 / Section 71-2-106
71-2-106 Obligations of pledge holder
Status: in_force

71-2-106 . Obligations of pledge holder. (1) A pledge holder for reward may not be self-exonerated from the pledge holder's undertaking. A gratuitous pledge holder may be self-exonerated only by giving reasonable notice to the pledgor and pledgee to appoint a new pledge holder and, if they fail to agree, by depositing the property pledged with some impartial person, who will then be entitled to a reasonable compensation for that person's care of the property.

(2) A pledge holder shall enforce all the rights of the pledgee unless authorized by the pledgee to waive those rights.
Mont. Code Ann. § 71-3-805 — MT Code / Title 71 / Chapter 3 / Part 8 / Section 71-3-805
71-3-805 Who considered owners
Status: in_force

71-3-805 . Who considered owners. Every person, including guardians or minors, married persons, and any company, firm, association, or corporation for whose use or benefit the grain or other crops mentioned herein are threshed or the services rendered or labor performed is deemed the owner thereof for the purposes herein mentioned.
Mont. Code Ann. § 71-3-525 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-525
71-3-525 Extent of lien
Status: in_force

71-3-525 . Extent of lien. (1) A construction lien extends to the interest of the contracting owner in the real estate, as the interest exists at the commencement of work or is subsequently acquired in the real estate, subject to the provisions of this section.

(2) (a) If an improvement is located wholly on one or more platted lots belonging to the contracting owner, the lien applies to the improvement and to the lots on which the improvement is located.

(b) If an improvement is not located wholly on one or more platted lots, the lien applies to the improvement and to the smallest identifiable tract or parcel of land on which the improvement is located.

(3) If the improvement is to leased premises, the lien attaches to the improvement and to the leasehold term. Except as provided in subsection (4), it does not attach to the lessor's interest unless the lessor contracted for or agreed to the improvement before it was begun.

(4) (a) A construction lien is not impaired to the extent of the value of the work or improvement that is severable from the real estate if the improvement is to premises held by:

(i) a contracting owner who owns less than a fee simple interest; or

(ii) a lessee and the lease is forfeited by the lessee.

(b) If the work or improvement may be removed without harm to the rest of the real estate, the lienholder may have the value determined, the work or improvement sold separately, and the proceeds delivered to the lienholder to satisfy the construction lien. The purchaser shall remove the work or improvement within 45 days of the sale.

(5) If a contracting owner contracts for improvements on real estate not owned by the contracting owner as part of an improvement on the contracting owner's real estate or for the purpose of directly benefiting the contracting owner's real estate, there is a lien against the contracting owner's real estate being improved or directly benefited in favor of persons furnishing services or materials to the same extent as if the improvement had been on the contracting owner's real estate.
Mont. Code Ann. § 71-1-317 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-317
71-1-317 Deficiency judgment not allowed
Status: in_force

71-1-317 . Deficiency judgment not allowed. When a trust indenture executed in conformity with this part is foreclosed by advertisement and sale, other or further action, suit, or proceedings may not be taken or judgment entered for any deficiency against the grantor or the grantor's surety, guarantor, or successor in interest, if any, on the note, bond, or other obligation secured by the trust indenture or against any other person obligated on the note, bond, or other obligation.
Mont. Code Ann. § 71-3-704 — MT Code / Title 71 / Chapter 3 / Part 7 / Section 71-3-704
71-3-704 Acknowledgment of satisfaction of lien -- penalty
Status: in_force

71-3-704 . Acknowledgment of satisfaction of lien -- penalty. (1) Whenever the indebtedness that is a lien upon grain or other crops is paid and satisfied, it is the duty of the lienor to acknowledge satisfaction of the lien and to discharge the lien of record. If any lienor fails to acknowledge satisfaction and discharge of the lien within 30 days after being requested to do so by a person having a property interest in the grain or other crops, the lienor is liable to any person injured by the failure in the amount of the injury and the costs of the action.

(2) A termination statement as described in 30-9A-513 must be filed with the secretary of state with the same obligations and penalties described in subsection (1).
Mont. Code Ann. § 71-3-118 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-118
71-3-118 Rights of inferior lienor
Status: in_force

71-3-118 . Rights of inferior lienor. A person who has a lien inferior to another upon the same property has a right to:

(1) redeem the property in the same manner as its owner might from the superior lien; and

(2) be subrogated to all the benefits of the superior lien, when necessary for the protection of the person's interests, upon satisfying the claim secured by the superior lien.
Mont. Code Ann. § 71-1-306 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-306
71-1-306 Qualifications of trustee -- successor trustee
Status: in_force

71-1-306 . Qualifications of trustee -- successor trustee. (1) The trustee of a trust indenture under this part must be:

(a) an attorney who is licensed to practice law in Montana;

(b) a bank, trust company, or savings and loan association authorized to do business in Montana under the laws of Montana or the United States; or

(c) a title insurer or title insurance producer or agency authorized to do business in Montana under the laws of Montana.

(2) The beneficiary may appoint a successor trustee at any time by filing for record, in the office of the clerk and recorder of each county in which the trust property or some part of the trust property is situated, a substitution of trustee. The substitution must identify the trust indenture by stating the names of the original parties to the trust indenture and the date of recordation and the book and page where the information is recorded, must state the name and mailing address of the new trustee, and must be executed and acknowledged by all of the beneficiaries designated in the trust indenture or their successors in interest. From the time the substitution is filed for record, the new trustee is vested with all the power, duties, authority, and title of the trustee named in the trust indenture and of any successor trustee.
Mont. Code Ann. § 71-3-114 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-114
71-3-114 Priority of purchase money mortgage
Status: in_force

71-3-114 . Priority of purchase money mortgage. Except as otherwise provided by law, a mortgage given for the price of real property at the time of its conveyance has priority over all other liens created against the purchaser, subject to the operation of the recording laws.
Mont. Code Ann. § 71-3-1605 — MT Code / Title 71 / Chapter 3 / Part 16 / Section 71-3-1605
71-3-1605 Perfection of lien -- verified notice -- effect of instruments -- effective date
Status: in_force

71-3-1605 . Perfection of lien -- verified notice -- effect of instruments -- effective date. (1) An interest owner who does not receive proceeds or payment for severed oil or gas when the proceeds are due may perfect the security interest and lien claimed under 71-3-1603 by filing a notice, as provided in subsection (2), in the office of the county clerk and recorder in which the leasehold is located.

(2) A sworn affidavit must be in substantially the following form:

NOTICE OF OIL AND GAS OWNER'S LIEN

Notice is hereby given that: [name of interest owner for whom notice is filed], whose address is [address of named interest owner] claims [a fractional or decimal] interest in the oil or gas severed or proceeds of the sale from the [name of the leasehold], operated by [name and address of the operator]. The leasehold is located on the following [described land] in [name of county], Montana.

Oil or gas severed from the leasehold has been and is now or may be taken and the above-named interest owner has a security interest in and lien upon the oil or gas and the oil or gas proceeds to secure payment under the provisions of the Montana Oil and Gas Owners' Lien Act.

The signatories of this notice recognize that, if a sworn affidavit is not filed within 90 days of the time in which the payment to [the interest owner] is due, the security interest is not perfected and [the interest owner] does not receive a priority over any perfected security interest in the oil or gas described in this notice or the proceeds of the oil or gas described in this notice.

Dated:...............................

Signed by [interest owner]................

(3) An instrument filed with the county clerk and recorder that accompanies the notice filed in subsection (1) is effective as a financing statement recognized under Title 30, chapter 9A, with or without the signature of the debtor. An instrument described in this subsection may be terminated in the same manner as a financing statement under the provisions of Title 30, chapter 9A.

(4) (a) Upon filing of the notice as provided in this section, the effective date of the interest owner's security interest and lien is the date on which the oil or gas severance occurred.

(b) Except as provided in 71-3-1606 (2) and subsection (4)(c) of this section, a security interest and lien filed under this section have priority over the rights of any person whose rights or claims arise or attach to the severed oil or gas for which the purchase price has not been paid or to the proceeds of oil or gas if the oil or gas has been sold, including the severed oil or gas or the oil or gas proceeds that arise or attach between the time the security interest and lien attach and the time of filing.

(c) The security interest and the lien filed under this section do not have a priority over the security interest or lien previously created and perfected under Title 71, chapter 3, part 10, or an operating agreement or other voluntary agreement for the development and operation of the leasehold.
Mont. Code Ann. § 71-1-303 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-303
71-1-303 Definitions
Status: in_force

71-1-303 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Beneficiary" means the person named or otherwise designated in a trust indenture as the person for whose benefit a trust indenture is given or the person's successor in interest, who may not be the trustee.

(2) "Grantor" means the person conveying real property by a trust indenture as security for the performance of an obligation.

(3) "Servicer" means a person who collects loan payments on behalf of a beneficiary.

(4) (a) "Title insurance producer" means a person who holds a valid title insurance producer's license and is authorized in writing by a title insurer to:

(i) solicit title insurance business;

(ii) collect rates;

(iii) determine insurability in accordance with underwriting rules and standards of the insurer; or

(iv) issue policies of the title insurer.

(b) Title insurance producer does not include an approved attorney.

(5) "Title insurer" means an insurer formed and authorized under the laws of this state to transact the business of title insurance in this state or a foreign or alien insurer authorized to transact title insurance in this state.

(6) "Trust indenture" means an indenture executed in conformity with this part and conveying real property to a trustee in trust to secure the performance of an obligation of the grantor or other person named in the indenture to a beneficiary.

(7) "Trustee" means a person to whom the legal title to real property is conveyed by a trust indenture or the person's successor in interest.
Mont. Code Ann. § 71-3-1501 — MT Code / Title 71 / Chapter 3 / Part 15 / Section 71-3-1501
71-3-1501 Lien of factor
Status: in_force

71-3-1501 . Lien of factor. A factor has a general lien, dependent on possession, for all that is due to the factor upon all articles of commercial value that are entrusted to the factor by the same principal.
Mont. Code Ann. § 71-1-305 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-305
71-1-305 Trust indenture considered to be mortgage on real property
Status: in_force

71-1-305 . Trust indenture considered to be mortgage on real property. A trust indenture is deemed to be a mortgage on real property and is subject to all laws relating to mortgages on real property except to the extent that such laws are inconsistent with the provisions of this part, in which event the provisions of this part shall control. For the purpose of applying the mortgage laws, the grantor in a trust indenture is deemed the mortgagor and the beneficiary is deemed the mortgagee.
Mont. Code Ann. § 71-3-563 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-563
71-3-563 Rules of practice
Status: in_force

71-3-563 . Rules of practice. (1) Except as otherwise provided in this part, the provisions of Title 25 are applicable to and constitute the rules of practice in the proceedings mentioned in this part.

(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. § 71-3-302 — MT Code / Title 71 / Chapter 3 / Part 3 / Section 71-3-302
71-3-302 Priority in case of death of employer
Status: in_force

71-3-302 . Priority in case of death of employer. In case of the death of any employer, the wages of each miner, mechanic, salesperson, clerk, servant, and laborer for services rendered within 4 months next preceding the death of the employer, in the amount actually owed, are preferred debts under 72-3-807 (1)(e) and must be paid before other claims against the estate of the deceased person.
Mont. Code Ann. § 71-3-616 — MT Code / Title 71 / Chapter 3 / Part 6 / Section 71-3-616
71-3-616 Penalty for destroying means of identification of property
Status: in_force

71-3-616 . Penalty for destroying means of identification of property. A person who removes, injures, or destroys or who renders difficult, uncertain, or impossible of identification any sawlogs, piling, railroad ties, cordwood, shingles, or other timber upon which there is a lien as provided in this part without the express consent of the person entitled to the lien is liable to a lienholder for the damages to the amount secured by the lienholder's lien. If damage is shown to the court in a civil action to enforce the lien, the court shall enter a personal judgment for the amount in the action against the person, if the person is a party to the action, or the damages may be recovered by a civil action against that person.
Mont. Code Ann. § 71-1-228 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-228
71-1-228 Rights of redemption applicable
Status: in_force

71-1-228 . Rights of redemption applicable. All of the rights, powers, and privileges concerning the redemption from sales of real estate applicable to the sales of real estate under foreclosure proceedings or sales under execution shall be granted and allowed to sales of real estate under and by virtue of the power of sale contained in any mortgage or deed of trust in this state, except to sales of real estate under and by virtue of the power of sale conferred upon a trustee under a trust indenture as defined in the Small Tract Financing Act of Montana.
Mont. Code Ann. § 71-3-808 — MT Code / Title 71 / Chapter 3 / Part 8 / Section 71-3-808
71-3-808 Acknowledgment of satisfaction of lien -- penalty
Status: in_force

71-3-808 . Acknowledgment of satisfaction of lien -- penalty. (1) Whenever the indebtedness that is a lien upon any grain or other crops is paid and satisfied, it is the duty of the lienor to acknowledge satisfaction of the lien and to discharge the lien of record. If a lienor fails to acknowledge satisfaction and discharge the lien within 30 days after being requested to do so by a person having a property interest in the grain or other crops, the lienor is liable to any person injured by the failure in the amount of the injury and the costs of action.

(2) A termination statement as described in 30-9A-513 must be filed with the secretary of state with the same obligations and penalties described in subsection (1).
Mont. Code Ann. § 71-1-319 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-319
71-1-319 Possession
Status: in_force

71-1-319 . Possession. The purchaser at the trustee's sale shall be entitled to possession of the property on the 10th day following the sale, and any persons remaining in possession after that date under any interest, except one prior to the trust indenture, shall be deemed to be tenants at will.
Mont. Code Ann. § 71-3-121 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-121
71-3-121 Extinction by sale or wrongful conversion
Status: in_force

71-3-121 . Extinction by sale or wrongful conversion. The sale of any property on which there is a lien in satisfaction of the claim secured thereby or, in case of personal property, its wrongful conversion by the person holding the lien extinguishes the lien thereon.
Mont. Code Ann. § 71-3-561 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-561
71-3-561 Parties
Status: in_force

71-3-561 . Parties. All persons interested in the matter in controversy or in property charged with the lien or having liens thereon may be made parties.
Mont. Code Ann. § 71-3-101 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-101
71-3-101 Definitions
Status: in_force

71-3-101 . Definitions. For purposes of this part, the following definitions apply:

(1) A "general lien" is one which the holder of the lien is entitled to enforce as a security for the performance of all the obligations or all of a particular class of obligations that exist in the holder's favor against the owner of the property.

(2) A "lien" is a charge imposed in some mode other than by a transfer in trust upon specific property by which it is made security for the performance of an act. Liens are either general or special.

(3) A "special lien" is one that the holder of the lien can enforce only as security for the performance of a particular act or obligation and of the obligations that may be incidental to the particular act or obligation.
Mont. Code Ann. § 71-3-521 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-521
71-3-521 Scope
Status: in_force

71-3-521 . Scope. This part creates and provides for the attachment and enforceability of a construction lien against real estate in favor of a person furnishing services or materials under a real estate improvement contract. A nonconsensual lien against real estate for improvements made thereon may not arise except as provided in this part.
Mont. Code Ann. § 71-3-1301 — MT Code / Title 71 / Chapter 3 / Part 13 / Section 71-3-1301
71-3-1301 Lien of seller of real property -- waiver
Status: in_force

71-3-1301 . Lien of seller of real property -- waiver. (1) A person who sells real property has a vendor's lien on the real property, independent of possession, for as much of the price as remains unpaid and unsecured other than by the personal obligation of the buyer.

(2) When a buyer of real property gives to the seller a written contract for payment of all or part of the price, an absolute transfer of the contract by the seller waives the seller's lien to the extent of the sum payable under the contract. However, a transfer of the contract in trust to pay debts and return the surplus is not a waiver of the lien.
Mont. Code Ann. § 71-3-1111 — MT Code / Title 71 / Chapter 3 / Part 11 / Section 71-3-1111
71-3-1111 Short title
Status: in_force

71-3-1111 . Short title. This part may be cited as the "Physician, Nurse, Physical Therapist, Occupational Therapist, Acupuncturist, Chiropractor, Dentist, Psychologist, Licensed Social Worker, Licensed Professional Counselor, Hospital, Optometrist, Naturopathic Physician, Podiatrist, Ambulance Service, Rehabilitation Facility, Long-Term Care Facility, and Outpatient Center for Surgical Services Lien Act".
Mont. Code Ann. § 71-1-311 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-311
71-1-311 Time for foreclosure same as mortgage
Status: in_force

71-1-311 . Time for foreclosure same as mortgage. The foreclosure of a trust indenture by advertisement and sale or by judicial procedure shall be commenced within the time, including extensions, provided by law for the foreclosure of a mortgage on real property.
Mont. Code Ann. § 71-1-301 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-301
71-1-301 Short title
Status: in_force

71-1-301 . Short title. This part may be cited as the "Small Tract Financing Act of Montana".
Mont. Code Ann. § 71-3-703 — MT Code / Title 71 / Chapter 3 / Part 7 / Section 71-3-703
71-3-703 How to obtain lien
Status: in_force

71-3-703 . How to obtain lien. A person, company, association, or corporation entitled to a lien under 71-3-701 shall, within 90 days after the seed or grain is furnished or the funds, means, or money is advanced for the seed or grain, file in the office of the secretary of state a statement of agricultural lien as provided in 71-3-125 . Unless the person entitled to a lien files the lien statement within the time required, the person is considered to have waived the right to a lien.
Mont. Code Ann. § 71-3-541 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-541
71-3-541 Priority among holders of construction liens
Status: in_force

71-3-541 . Priority among holders of construction liens. (1) There is equal priority between or among construction lien claimants who contribute to the same real estate improvement project, regardless of the date on which each lien claimant first contributed services or materials and regardless of the date on which the claimant filed the notice of lien. When the proceeds of a foreclosure sale are not sufficient to pay all construction lien claimants in full, each claimant must receive a pro rata share of the proceeds based on the amount of the claimant's respective lien.

(2) Construction liens attaching at different times have priority in the order of attachment.
Mont. Code Ann. § 71-3-204 — MT Code / Title 71 / Chapter 3 / Part 2 / Section 71-3-204
71-3-204 Federal liens -- place of filing
Status: in_force

71-3-204 . Federal liens -- place of filing. (1) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the clerk and recorder of the county or counties in which the real property subject to the liens is situated.

(2) Notices of liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows:

(a) if the person against whose interest the lien applies is a corporation or a partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the secretary of state;

(b) if the person against whose interest the lien applies is a trust that is not covered by subsection (2)(a), in the office of the secretary of state;

(c) if the person against whose interest the lien applies is the estate of a decedent, in the office of the secretary of state;

(d) in all other cases, in the office of the clerk and recorder of the county where the taxpayer resides at the time of filing of the notice of lien.
Mont. Code Ann. § 71-3-605 — MT Code / Title 71 / Chapter 3 / Part 6 / Section 71-3-605
71-3-605 How to obtain lien -- form of claim
Status: in_force

71-3-605 . How to obtain lien -- form of claim. (1) A person, within 30 days after the close of the rendition of the services or after the close of the work or labor mentioned in 71-3-601 , claiming the benefit of this part shall file for record with the county in which the sawlogs, piling, railroad ties, cordwood, or other timber was cut or in which the lumber or shingles were manufactured a claim containing a statement of the person's demand and the amount, after deducting as nearly as possible all just credits and offsets, with the name of the person by whom the person was employed and with a statement of the terms and conditions of the person's contract, if any. If there is no express contract, the claim must state what the service, work, or labor is reasonably worth. It must also contain a description of the property to be charged with a lien sufficient for identification with reasonable certainty, and the claim must be verified by the oath of the person or some other person to the effect that the affiant believes the claim to be true.

(2) The claim must be substantially in the following form:

...., Claimant, vs. ....

Notice is hereby given that .... of .... County, state of Montana, claims a lien upon a .... of ...., being about .... in quantity, which were cut or manufactured in .... County, state of Montana, are marked ...., and are now lying in a .... for labor performed upon and assistance rendered in .... the ....; that the name of the owner or reputed owner is ....; that .... employed .... to perform the labor and render the assistance upon the following terms and conditions: The .... agreed to pay the .... for the labor and assistance ....; that the contract has been faithfully performed and fully complied with on the part of ...., who performed labor upon and assisted in .... for a period of ....; that the labor and assistance were performed and rendered upon .... between the .... day of .... and the .... day of ...., and the rendition of the service was closed on the .... day of ...., and 30 days have not elapsed since that time; that the amount of the claimant's demand for services is ....; that no part of the demand has been paid except ...., and there is now due and remaining unpaid, after deducting all just credits and offsets, the sum of ...., in which amount the claimant claims a lien upon ....; that claimant .... also claims a lien on all .... now owned by .... of the county to secure payment for the work and labor performed in obtaining or securing the logs, piling, railroad ties, cordwood, or other timber, lumber, or shingles described.

...., Claimant. State of Montana, County of ....

...., being first duly sworn, on oath says that the claimant is .... named in the foregoing claim, has heard the claim read, and knows the contents of the claim, and believes the same to be true.

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

Subscribed and sworn to before me this .... day of ....

................
Mont. Code Ann. § 71-3-533 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-533
71-3-533 Notice of completion
Status: in_force

71-3-533 . Notice of completion. (1) The contracting owner may file a notice of completion at any time after the completion of any work or improvement.

(2) The following acts or events constitute completion of any work or improvement for the purpose of filing a notice of completion:

(a) the written acceptance by the contracting owner, the contracting owner's agent, or the representative of the building, improvement, or structure. The filing of a notice of completion may not be considered as an acceptance of the building, improvement, or other structure.

(b) the cessation from labor for 30 days upon any building, improvement, or structure or the alteration, addition to, or repair of the building, improvement, or structure.

(3) The notice of completion, together with an affidavit of publication as required in this section, must be filed in the office of the county clerk and recorder of the county where the property is situated, and the notice must set forth:

(a) the date when the work or improvement was completed or the date on which cessation from labor occurred first and the period of its duration;

(b) the contracting owner's name and address and the nature of the title, if any, of the person signing the notice;

(c) a description of the property sufficient for identification;

(d) the name of the contractor, if any.

(4) The notice must be verified by the contracting owner or the owner's agent.

(5) A copy of the notice of completion must be published once each week for 3 successive weeks in a newspaper of general circulation in the county where the land on which the work or improvement was performed is situated.

(6) The contracting owner shall give a copy of the notice of completion to any person who has given the contracting owner a notice of a right to claim a lien.
Mont. Code Ann. § 71-1-227 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-227
71-1-227 Injunction to prevent injury to property
Status: in_force

71-1-227 . Injunction to prevent injury to property. The court may, by injunction, upon good cause shown, restrain the party in possession from doing any act to the injury of real property during the foreclosure of a mortgage thereon.
Mont. Code Ann. § 71-3-125 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-125
71-3-125 Filing of agricultural lien statements
Status: in_force

71-3-125 . Filing of agricultural lien statements. (1) Unless a statement of an agricultural lien has been filed in the office of the secretary of state as provided in this chapter, a buyer who, in ordinary course of business as defined in 30-1-201 (2)(i), buys a farm product takes it free of any lien created by this chapter even though the lien is otherwise perfected.

(2) A statement of an agricultural lien is sufficient if it:

(a) gives the names and addresses of the debtor and lienor;

(b) describes the type of lien and its statutory authority;

(c) describes the collateral;

(d) contains the notation by the secretary of state of the date of filing and filing number;

(e) is signed by the lienor;

(f) describes the service or product furnished. If the collateral is farm products, the statement must state the county in which the farm products are located, designated by type of farm product.

(g) states the price or wage agreed upon or, if the price or wage was not agreed upon, the reasonable value of the service or product furnished;

(h) states the amount remaining unpaid;

(i) states the terms and period of employment if it is a farm laborer's lien filed pursuant to part 4 of this chapter;

(j) describes the land upon which seed or grain was or will be sown, planted, or used if it is a lien for seed or grain filed pursuant to part 7 of this chapter;

(k) describes the land upon which the grain or crops were grown and the place the grain or crops are presently stored if it is a thresher's lien filed pursuant to part 8 of this chapter;

(l) describes the land upon which the service was performed if it is a lien for spraying or dusting filed pursuant to part 9 of this chapter; and

(m) states the starting date of insurance coverage if it is a lien filed pursuant to part 7 of this chapter.

(3) The agricultural lien statement must be in the form prescribed by the secretary of state.

(4) The secretary of state shall:

(a) record the agricultural lien statement on the centralized computer system as set forth in 30-9A-501 ; and

(b) establish fees for such recordings as set forth in 30-9A-525 .

(5) For the purposes of this section, an agricultural lien means a lien under part 4, 7, 8, or 9 of this chapter.

(6) A statement of an agricultural lien or continuation statement that has been filed at the office of the county clerk and recorder lapses on March 31, 1990, unless prior to that date there is filed in the office of the secretary of state a certified copy of the statement and all related documents on file with the county clerk and recorder.
Mont. Code Ann. § 71-3-537 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-537
71-3-537 Acknowledgment of satisfaction of lien -- penalty
Status: in_force

71-3-537 . Acknowledgment of satisfaction of lien -- penalty. Whenever any indebtedness that is a lien upon any real estate, structure, building, or other improvement is paid and satisfied, it is the duty of the creditors to acknowledge satisfaction of the indebtedness in the same manner as a mortgage. If a creditor fails to acknowledge satisfaction, the creditor is liable to any person injured by the failure to the amount of the injury and the costs of action.
Mont. Code Ann. § 71-1-318 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-318
71-1-318 Trustee's deed
Status: in_force

71-1-318 . Trustee's deed. (1) The trustee's deed to the purchaser at the trustee's sale may contain, in addition to a description of the property conveyed, recitals of compliance with the requirements of this part relating to the exercise of the power of sale and the sale, including recitals of the facts concerning the default, the notice given, the conduct of the sale, and the receipt of the purchase money from the purchaser.

(2) When the trustee's deed is recorded in the deed records of the county or counties where the property described in the deed is situated, the recitals contained in the deed and in the affidavits required under 71-1-315 (2) are prima facie evidence in any court of the truth of the matters set forth in the recitals, except that the recitals are conclusive evidence in favor of subsequent bona fide purchasers and encumbrancers for value and without notice.

(3) The trustee's deed operates to convey to the purchaser, without right of redemption, the trustee's title and all right, title, interest, and claim of the grantor and the grantor's successors in interest and of all persons claiming by, through, or under them in and to the property sold, including all right, title, interest, and claim in and to the property acquired by the grantor or the grantor's successors in interest subsequent to the execution of the trust indenture.
Mont. Code Ann. § 71-1-213 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-213
71-1-213 Discharge or release by other than mortgagee
Status: in_force

71-1-213 . Discharge or release by other than mortgagee. (1) If a discharge or release is made by the personal representative of the mortgagee, it must be accompanied by a certified copy of the personal representative's authority unless the authority is already recorded in the office of the county clerk and recorder where the mortgage is recorded.

(2) If the discharge or release is made by an assignee, it must be accompanied by the assignment of the mortgage unless the assignment is already recorded in the office of the county clerk and recorder where the mortgage is recorded.

(3) If the discharge or release is executed by an attorney-in-fact, the discharge or release must have attached to it the power of attorney under which it is made unless the power of attorney is already recorded in the office of the county clerk and recorder where the mortgage is recorded.

(4) If the discharge or release is executed by the heir or heirs of the mortgagee, the discharge or release must be accompanied by a certified copy of an order or decree of a court of competent jurisdiction showing the authority unless the order or decree is already recorded in the office of the county clerk and recorder where the mortgage is recorded.

(5) Foreign administrators and executors may discharge or release mortgages of record in Montana if the discharge or release of mortgages is accompanied by an authenticated copy of their letters of administration or letters testamentary, with the certificate of the clerk of the court in which the appointment was made that the letters have not been revoked and are in full force. The certificate and certified copy of letters must be recorded with the discharge or release of the mortgage. When presented and recorded, the discharge or release has the same effect as if the mortgage was discharged or released by the mortgagee.
Mont. Code Ann. § 71-3-102 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-102
71-3-102 How liens created
Status: in_force

71-3-102 . How liens created. A lien is created:

(1) by contract of the parties; or

(2) by operation of law.
Mont. Code Ann. § 71-3-1211 — MT Code / Title 71 / Chapter 3 / Part 12 / Section 71-3-1211
71-3-1211 Agister's lien -- finding -- who may hold lien
Status: in_force

71-3-1211 . Agister's lien -- finding -- who may hold lien. (1) The legislature finds that agisters' liens require expeditious action to protect the welfare of the stock and to ensure that the cost to feed and care for the stock covered by the lien does not exceed the market value of the stock.

(2) (a) If there is an express or implied contract for keeping, feeding, herding, pasturing, or ranching stock, a rancher, farmer, agister, herder, hotelkeeper, livery, stablekeeper, or reproductive technology business to whom any horses, mules, cattle, sheep, hogs, or other stock are entrusted has an agister's lien upon the stock for the amount due for keeping, feeding, herding, pasturing, or ranching the stock.

(b) A person holding an agister's lien pursuant to subsection (2)(a) may retain possession of the stock until the amount due is paid.
Mont. Code Ann. § 71-1-234 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-234
71-1-234 Attorney fee -- petition and notice
Status: in_force

71-1-234 . Attorney fee -- petition and notice. If the mortgagee demands attorney fees in case of the sale of real estate under and by virtue of the power of sale contained in any mortgage or deed of trust in this state, except in case of the sale of real estate by virtue of a power of sale conferred upon a trustee under a trust indenture as defined in the Small Tract Financing Act of Montana, the mortgagee shall petition the district court of the county in which the real estate or any part of the real estate is situated to fix the amount of the attorney fees. A copy of the petition must be served upon all parties having or claiming an interest of record in the property to be sold or those parties that may be found within the state, at least 10 days before the day fixed for hearing. Notice of the time and place of the hearing must be served at the same time as the copy of the petition is served. A petition must be acted upon by the district court before the notice of sale by publication or posting, as provided for in this part, is given.
Mont. Code Ann. § 71-3-106 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-106
71-3-106 Extent of lien
Status: in_force

71-3-106 . Extent of lien. The existence of a lien upon property does not of itself entitle the person in whose favor it exists to a lien upon the same property for the performance of any other obligation than that which the lien originally secured.
Mont. Code Ann. § 71-3-1003 — MT Code / Title 71 / Chapter 3 / Part 10 / Section 71-3-1003
71-3-1003 Lien for labor or supplies furnished for contractor
Status: in_force

71-3-1003 . Lien for labor or supplies furnished for contractor. Any person, partnership, or corporation that furnishes materials or services as a subcontractor or to a contractor or a subcontractor or any person who performs labor under a subcontractor with a contractor or who, as an artisan or day laborer in the employ of such contractor or subcontractor, performs any such labor has a lien upon all the property upon which the lien of an original contractor may attach to the same extent as an original contractor, and the lien provided for in this section attaches to all materials and fixtures owned by such original contractor or subcontractor for whom the labor is performed or materials or services furnished and used or employed or furnished to be used or employed in the drilling or operating of such oil and gas wells or in the construction of such pipeline.
Mont. Code Ann. § 71-1-312 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-312
71-1-312 Discontinuance of foreclosure proceedings when entire amount of default paid
Status: in_force

71-1-312 . Discontinuance of foreclosure proceedings when entire amount of default paid. (1) Whenever all or a portion of any obligation secured by a trust indenture has, prior to the maturity date fixed in the obligation, become due or been declared due by reason of a breach or default in the performance of any obligation secured by the trust indenture, including a default in the payment of interest or of any installment of principal or by reason of failure of the grantor to pay, in accordance with the terms of the trust indenture, taxes, assessments, premiums for insurance, or advances made by the beneficiary in accordance with the terms of the obligation or of the trust indenture, the grantor or the grantor's successor in interest in the trust property or any part of the trust property or any other person having a subordinate lien or encumbrance of record on the trust property or any beneficiary under a subordinate trust indenture, at any time prior to the time fixed by the trustee for the trustee's sale if the power of sale is to be exercised, may pay to the beneficiary or the beneficiary's successor in interest the entire amount then due under the terms of the trust indenture and the obligation secured by the indenture, including costs and expenses actually incurred and reasonable trustee's fees and attorney fees, other than the portion of the principal that would not then be due if a default had not occurred and cure the existing default.

(2) Upon the payment described in subsection (1), all prior proceedings had or instituted to foreclose the trust indenture must be canceled and the obligation and the trust indenture must be reinstated and remain in force and effect the same as if an acceleration had not occurred.

(3) If the default is cured and the obligation and the trust indenture reinstated in the manner provided, the beneficiary or the beneficiary's assignee shall, on demand of any person having an interest in the trust property, execute, acknowledge, and deliver to the person a request that the trustee execute, acknowledge, and deliver a cancellation of the recorded notice of sale under the trust indenture.

(4) Any beneficiary under a trust indenture or the beneficiary's assignee who, for a period of 30 days after the demand, refuses to request the trustee to execute, acknowledge, and deliver a cancellation is liable to the person entitled to the request for all damages resulting from the refusal.

(5) A cancellation of a recorded notice of sale, when executed and acknowledged, is entitled to be recorded and is sufficient if it sets forth a reference to the trust indenture and the book and page where the indenture is recorded, a reference to the notice of sale and to the book and page where the indenture is recorded, and a statement that the notice of sale is canceled.
Mont. Code Ann. § 71-3-120 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-120
71-3-120 Effect of partial performance
Status: in_force

71-3-120 . Effect of partial performance. The partial performance of an act secured by a lien does not extinguish the lien upon any part of the property subject thereto, even if it is divisible.
Mont. Code Ann. § 71-3-538 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-538
71-3-538 Release of notice of right to claim lien
Status: in_force

71-3-538 . Release of notice of right to claim lien. (1) A person who has filed a notice of the right to claim a lien shall file a release of the notice of the right to claim a lien when the person is paid for the services and materials that are the subject of the notice of the right to claim a lien.

(2) If a person subject to the provisions of subsection (1) has been paid for the services and materials pursuant to a real estate improvement contract, the person shall file a release of the notice of the right to claim a lien within 5 business days of the contracting owner's request that the release be filed.

(3) The release must be filed with the clerk and recorder of the county in which the improved real estate is located and must include:

(a) the clerk and recorder's file number of the notice of the right to claim a lien;

(b) the date on which the notice of the right to claim a lien was filed; and

(c) the name of the person to whom the notice of the right to claim a lien was given.

(4) The release must be signed by the person who filed the notice of the right to claim a lien or by a person authorized to sign for the person who filed the notice of the right to claim a lien.
Mont. Code Ann. § 71-3-1008 — MT Code / Title 71 / Chapter 3 / Part 10 / Section 71-3-1008
71-3-1008 Lien for running account as single contract
Status: in_force

71-3-1008 . Lien for running account as single contract. All labor performed or materials or services furnished by any person entitled to a lien under this part upon the same leasehold for oil and gas purposes or the same pipeline shall for the purposes of this part be considered as having been performed or furnished under a single contract regardless of whether or not the same was performed or furnished at different times or on separate orders, provided that no more than 6 months shall have elapsed between the date of performance of such labor or the date of furnishing such material or services and the date on which labor is next performed or materials or services are next furnished.
Mont. Code Ann. § 71-3-534 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-534
71-3-534 Filing with county clerk -- notification of owner
Status: in_force

71-3-534 . Filing with county clerk -- notification of owner. (1) The county clerk shall endorse upon every lien the day of its filing and make an abstract of the lien in a book to be kept for that purpose and properly indexed, containing the date of the filing, the name of the person holding the lien, the amount of the lien, the name of the person against whose property the lien is filed, and the description of the property to be charged with the lien.

(2) The clerk may not file the lien unless it is accompanied by a certification by the lien claimant or the claimant's agent that a copy of the lien has been served upon each owner of record of the property named in the lien. Service must be made by personal service on each owner or by mailing a copy of the lien by certified mail with return receipt requested to each owner's last-known address. The certification must state that service was made by delivery of certified mail.
Mont. Code Ann. § 71-1-225 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-225
71-1-225 Surplus money from sale
Status: in_force

71-1-225 . Surplus money from sale. If there be surplus money remaining after the payment of the amount due on the mortgage, lien, or encumbrance, with costs, the court may cause the same to be paid to the person entitled to it and in the meantime may direct it to be deposited in court.
Mont. Code Ann. § 71-3-614 — MT Code / Title 71 / Chapter 3 / Part 6 / Section 71-3-614
71-3-614 Judgment and execution
Status: in_force

71-3-614 . Judgment and execution. In each civil action, judgment must be rendered in favor of each person having a lien for the amount due to the person, and the court shall order any property subject to the lien to be sold by the sheriff of the proper county in the same manner that personal property is sold on execution. The court shall apportion the proceeds of the sale to the payment of each judgment according to the priorities established in this part, pro rata in its class, according to the amount of each judgment.
Mont. Code Ann. § 71-3-408 — MT Code / Title 71 / Chapter 3 / Part 4 / Section 71-3-408
71-3-408 Acknowledgment of satisfaction of lien -- penalty
Status: in_force

71-3-408 . Acknowledgment of satisfaction of lien -- penalty. (1) Whenever the indebtedness that is a lien upon any of the crops subject to this part is paid and satisfied, it is the duty of the lienor to acknowledge satisfaction of the lien and to discharge the lien of record. If any lienor fails to acknowledge satisfaction and discharge the lien within 30 days after being requested to do so by a person having a property interest in the crops, the lienor is liable to any person injured by the failure in the amount of the injury and costs of action.

(2) A termination statement as described in 30-9A-513 must be filed with the secretary of state with the same obligations and penalties described in subsection (1).
Mont. Code Ann. § 71-1-103 — MT Code / Title 71 / Chapter 1 / Part 1 / Section 71-1-103
71-1-103 Mortgage a special lien -- on what a lien
Status: in_force

71-1-103 . Mortgage a special lien -- on what a lien. (1) The lien of a mortgage is special, unless otherwise expressly agreed, and is independent of possession.

(2) A mortgage is a lien upon everything that would pass by a grant of the property.
Mont. Code Ann. § 71-3-1007 — MT Code / Title 71 / Chapter 3 / Part 10 / Section 71-3-1007
71-3-1007 Priority
Status: in_force

71-3-1007 . Priority. (1) Upon compliance with the provisions of 71-3-1004 , such lien shall be preferred to all other titles, charges, liens, or encumbrances which may attach to or upon any of the property upon which a lien is given by this part subsequent to the date the lien herein provided for arises.

(2) All liens affixed by virtue of this part upon the same property shall be of equal standing.

(3) The lien herein provided for shall have no priority over other liens, encumbrances, or mortgages which are filed or recorded prior to the date of the furnishing of the first item of material or services or the date of performance of the first labor.
Mont. Code Ann. § 71-1-316 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-316
71-1-316 Disposition of proceeds of sale -- notice -- surplus funds -- attorney fees
Status: in_force

71-1-316 . Disposition of proceeds of sale -- notice -- surplus funds -- attorney fees. (1) (a) The trustee shall apply the proceeds of the trustee's sale as follows:

(i) to the costs and expenses of exercising the power of sale and of the sale, including reasonable trustee's fees and attorney fees;

(ii) to the obligation secured by the trust indenture that is the subject of the sale.

(b) Any surplus funds must be deposited with the clerk and recorder of the county in which the sale took place, along with written notice of the amount of the surplus funds and a copy of the notice of the trustee's sale. The trustee shall mail copies of the notice of the surplus funds, the notice of the trustee's sale, and the affidavit of mailing required under 71-1-315 (2) to each party who was sent notice under 71-1-315 .

(2) Upon the deposit of the surplus funds, the trustee is discharged from all further responsibility for the surplus funds. The clerk and recorder shall deposit the surplus funds with the county treasurer.

(3) (a) A party seeking disbursement of the surplus funds shall file a petition to request an order for disbursement in the district court for the county in which the surplus funds are deposited. The district court shall determine the order of priority of any interests in or liens or claims of liens against the surplus and shall issue a written order directing the county treasurer to disburse the surplus funds in accordance with the order.

(b) A party with an interest, lien, or claim that was junior to the interest that was the subject of the sale has an interest in the surplus funds in the same order of priority that existed in the property at the time of the sale.

(c) Not less than 20 days prior to the hearing, notice of the petition must be served upon any party who was sent notice of the surplus funds under subsection (1) and any other party who has entered an appearance in the proceeding.

(4) A party who is awarded any portion of the surplus funds because of an existing interest in or lien or claim of lien against the property is entitled to seek costs and attorney fees from the surplus funds. The costs and attorney fees must be allowed to each claimant whose lien is established, and the reasonable attorney fees must be allowed to the defendant against whose property a lien is claimed if a lien is not established.
Mont. Code Ann. § 71-1-315 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-315
71-1-315 Notice -- sale -- payment
Status: in_force

71-1-315 . Notice -- sale -- payment. A trust deed may be foreclosed by advertisement and sale in the following manner:

(1) The trustee shall give notice of the sale in the following manner:

(a) At least 120 days before the date fixed for the trustee's sale, a copy of the recorded notice of sale must be mailed by certified mail to:

(i) the grantor, at the grantor's address as set forth in the trust indenture or if the grantor's address is not set forth in the trust indenture at the grantor's last-known address;

(ii) each person designated in the trust indenture to receive notice of sale whose address is set forth in the trust indenture, at that address;

(iii) each person who has filed for record a request for a copy of notice of sale within the time and in the manner provided in this section, at the address of the person as set forth in the request;

(iv) any successor in interest to the grantor whose interest and address appear of record at the filing date and time of the notice of sale, at that address;

(v) any person who has a lien or interest subsequent to the interest of the trustee and whose lien or interest and address appear of record at the filing date and time of the notice of sale, at that address.

(b) At least 20 days before the date fixed for the trustee's sale, a copy of the recorded notice of sale must be posted in some conspicuous place on the property to be sold. Upon request of the trustee, the notice of sale must be posted by a sheriff or constable of the county in which the property to be sold is located.

(c) A copy of the notice of sale must be published in a newspaper of general circulation published in any county in which the property or some part of the property is situated, at least once each week for 3 successive weeks. If there is no newspaper of general circulation published in the county, then copies of the notice of sale must be posted in at least three public places in each county in which the property or some part of the property is situated. The posting or the last publication must be made at least 20 days before the date fixed for the trustee's sale.

(2) On or before the date of sale, there must be recorded in the office of the clerk and recorder of each county where the property or some part of the property is situated, affidavits of mailing, posting, and publication showing compliance with the requirements of this section.

(3) On the date and at the time and place designated in the notice of sale, the trustee or the trustee's attorney shall sell the property at public auction to the highest bidder. The property may be sold in one parcel or in separate parcels, and any person, including the beneficiary under the trust indenture but excluding the trustee, may bid at the sale. The person making the sale may, for any cause the person considers expedient, postpone the sale for a period not exceeding 15 days by public proclamation at the time and place fixed in the notice of sale. No other notice of the postponed sale need be given. If a sale cannot be held at the scheduled time by reason of the automatic stay provision of the United States Bankruptcy Code, 11 U.S.C. 362, or of a stay order issued by any court of competent jurisdiction, the person making the sale may, as often as the person considers expedient, postpone the sale. Each postponement may not exceed 30 days, and all postponements, in the aggregate, may not exceed 120 days. Each postponement must be effected by a public proclamation at the time and place fixed in the notice of sale or fixed by previous postponement. No other notice of the postponed sale need be given.

(4) The purchaser at the sale shall pay the price bid in cash, and upon receipt of payment, the trustee shall execute and deliver a trustee's deed to the purchaser. If the purchaser refuses to pay the purchase price, the person conducting the sale has the right to resell the property at any time to the highest bidder. The party refusing to pay is liable for any loss occasioned by the refusal, and the person making the sale may also reject any other bid of the refusing person.
Mont. Code Ann. § 71-3-1116 — MT Code / Title 71 / Chapter 3 / Part 11 / Section 71-3-1116
71-3-1116 Notice of lien -- filing with clerk of court
Status: in_force

71-3-1116 . Notice of lien -- filing with clerk of court. If an action is commenced for recovery for injury, disease, or death, a copy of the notice of lien may be filed in the office of the clerk of court in which the action is pending, and the filing is notice to all parties to the action.
Mont. Code Ann. § 71-3-564 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-564
71-3-564 Arbitration of lien disputes
Status: in_force

71-3-564 . Arbitration of lien disputes. (1) The parties to a construction lien created under this part may agree prior to the creation of the construction lien or at any time after the construction lien is created to enter into arbitration if a dispute arises between the parties with respect to the construction lien. Arbitration entered into pursuant to this section is subject to the Uniform Arbitration Act, Title 27, chapter 5.

(2) The provisions of subsection (1) do not prohibit a party from substituting a bond for the construction lien as provided in 71-3-551 . Upon the filing of the bond, the construction lien is discharged as provided in 71-3-552 . The parties may continue with arbitration if they agree to do so.
Mont. Code Ann. § 71-3-908 — MT Code / Title 71 / Chapter 3 / Part 9 / Section 71-3-908
71-3-908 Acknowledgment of satisfaction and discharge of lien -- penalty
Status: in_force

71-3-908 . Acknowledgment of satisfaction and discharge of lien -- penalty. (1) Whenever the indebtedness that is a lien upon any grain or crops is paid and satisfied, it is the duty of the lienor to acknowledge satisfaction of the lien and to discharge the lien of record. If any lienor fails to acknowledge satisfaction and discharge the lien within 30 days after being requested to do so by a person having a property interest in the grain or crops, the lienor is liable to any person injured by the failure in the amount of the injury and the costs of action.

(2) A termination statement as described in 30-9A-513 must be filed with the secretary of state with the same obligations and penalties described in subsection (1).
Mont. Code Ann. § 71-3-1203 — MT Code / Title 71 / Chapter 3 / Part 12 / Section 71-3-1203
71-3-1203 Enforcement of lien -- sale
Status: in_force

71-3-1203 . Enforcement of lien -- sale. If payment for work, labor, or services performed or feed or material furnished is not made within 30 days after the performance of the work, labor, or services or furnishing of the feed or material, the lienor under the provisions of this part may enforce the lien in the following manner:

(1) The lienor may file a lien enforcement action in a court of competent jurisdiction in the county in which the:

(a) contract between the lienor and the owner of the property was entered into;

(b) owner resided at the time the lien enforcement action commenced; or

(c) property is located.

(2) Issuance or service of a summons is not required when a claim is made under this section. The order to show cause pursuant to subsection (5)(a) is in lieu of a summons as permitted by Rule 4(c)(2)(C), M.R.Civ.P., and Rule 4D(3) of the Montana Justice and City Courts Rules of Civil Procedure. A notice to or service of process on the owner is not required prior to the issuance of the order to show cause pursuant to subsection (5)(a).

(3) When a claim is made under this section for a lien other than a nonpossessory special lien, an affidavit must be made by the lienor claiming the property or by someone on the lienor's behalf, stating:

(a) the facts that the lienor performed a service for the property owner entitling the lienor to a lien on the owner's property pursuant to 71-3-1201 ;

(b) that the service described in subsection (3)(a) was performed at the written or verbal request of the owner or owner's agent;

(c) the particular property upon which the lien is claimed; and

(d) an itemized list of the charges that are due and unpaid under the lien.

(4) When a claim is made under this section for a nonpossessory special lien, the lienor shall submit to the court:

(a) a copy of the document required by 71-3-1201 (2)(c); and

(b) a statement of the charges that are due and unpaid under the lien.

(5) (a) If satisfactory, the court shall order the owner of the property to show cause why the property should not be sold pursuant to the procedures in this section. The order must include the date and time for a hearing.

(b) One copy of the order to show cause provided for in subsection (5)(a) must be served on the owner by certified mail, return receipt requested, and one copy must be served by first-class mail at the owner's last address known to the lienor at least 21 days before the hearing date.

(6) The lienor shall deliver to the sheriff of the county in which the property is located a copy of the court's lien enforcement judgment.

(7) Upon receipt of the court's lien enforcement judgment, the sheriff shall advertise and sell at public auction as much of the property covered by the lien as will satisfy the lien.

(8) The sale must be advertised, conducted, and held in the same manner as prescribed in 25-13-701 (1)(b).

(9) The owner of the property may request a hearing in a court of competent jurisdiction to contest any matter regarding the sale of the property.

(10) The sheriff shall apply the proceeds of the sale to the discharge of the lien and the cost of the proceedings in selling the property and enforcing the lien, and the remainder, if any, or a part that is required to discharge the claims, must be turned over by the sheriff to the holders, in the order of their precedence, of the chattel mortgages or other lien claimants of record against the property, and the balance of the proceeds must be turned over to the owner of the property.
Mont. Code Ann. § 71-2-102 — MT Code / Title 71 / Chapter 2 / Part 1 / Section 71-2-102
71-2-102 When contract considered a pledge
Status: in_force

71-2-102 . When contract considered a pledge. Every contract by which the possession of personal property is transferred as security only is to be deemed a pledge.
Mont. Code Ann. § 71-1-105 — MT Code / Title 71 / Chapter 1 / Part 1 / Section 71-1-105
71-1-105 Mortgagee not entitled to possession
Status: in_force

71-1-105 . Mortgagee not entitled to possession. A mortgage does not entitle the mortgagee to the possession of the property unless authorized by the express terms of the mortgage, but after the execution of the mortgage, the mortgagor may agree to such change of possession without a new consideration.
Mont. Code Ann. § 71-3-304 — MT Code / Title 71 / Chapter 3 / Part 3 / Section 71-3-304
71-3-304 Service of notice
Status: in_force

71-3-304 . Service of notice. (1) The officer serving the notice and claim described in 71-3-303 shall, after service, make return of service showing the service and where and how it was made.

(2) Service may be made in any case at any time before the actual sale of the property levied upon in the pending action, and unless the claim is disputed by the debtor or a creditor or party plaintiff, the levying officer shall pay the person out of the proceeds of the sale the amount the person is entitled to receive for services rendered within the 4 months preceding the levy of the writ, not exceeding the amount actually owed.
Mont. Code Ann. § 71-3-531 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-531
71-3-531 Notice of right to claim lien required -- exceptions
Status: in_force

71-3-531 . Notice of right to claim lien required -- exceptions. (1) The following are not required to give notice of the right to claim a lien as required by this section:

(a) an original contractor who furnishes services or materials directly to the owner at the owner's request;

(b) a wage earner or laborer who performs personal labor services for a person furnishing any service or material pursuant to a real estate improvement contract;

(c) a person who furnishes services or materials pursuant to a real estate improvement contract that relates to a dwelling for five or more families; and

(d) a person who furnishes services or materials pursuant to a real estate improvement contract that relates to an improvement that is partly or wholly commercial in character.

(2) A person who may claim a construction lien pursuant to this part shall give notice of the right to claim a lien to the contracting owner in order to claim a lien.

(3) Except as provided in subsection (4), the notice may not be given later than 20 days after the date on which the services or materials are first furnished to the contracting owner. If notice is not given within this period, a lien is enforceable only for the services or materials furnished within the 20-day period before the date on which notice is given.

(4) When payment for services or materials furnished pursuant to a real estate improvement contract, excluding a contract on an owner-occupied residence, is made by or on behalf of the contracting owner from funds provided by a regulated lender and secured by an interest, lien, mortgage, or encumbrance for the purpose of paying the particular real estate improvement being liened, the notice required by this section may not be given later than 45 days after the date on which the services or materials are first furnished to the contracting owner. If notice is not given within this period, a lien is enforceable only for the services or materials furnished within the 45-day period before the date on which notice is given.

(5) The notice of the right to claim a lien must be sent to the contracting owner by certified mail or delivered personally to the owner. Notice by certified mail is effective on the date on which the notice is mailed. If the notice is delivered personally to the contracting owner, written acknowledgment of receipt must be obtained from the contracting owner. A person may not claim a construction lien unless the person has complied with this subsection.

(6) (a) A person who may claim a lien shall also file with the clerk and recorder of the county in which the improved real estate is located a copy of the notice of the right to claim a lien, in the form required by 71-3-532 . This copy may not be filed later than 5 business days after the date on which the notice of the right to claim a lien is given to the contracting owner. The notice filed with the clerk and recorder must be signed by the person filing the notice or by a person authorized to sign for the person filing the notice.

(b) The county clerk and recorder may allow the notice of the right to claim a lien to be electronically filed. A notice filed electronically with the clerk and recorder must be electronically signed by the person filing the notice or by a person authorized to sign for the person filing the notice.

(c) The notice filed with the clerk and recorder for the purpose of public notice is effective for 1 year from the date of filing. The notice lapses upon the expiration of the 1-year period unless the person who may claim a lien files with the clerk and recorder a 1-year continuation of the notice prior to the date on which the notice lapses. The clerk and recorder may remove the notice from the public record when it lapses.

(d) A continuation of the notice must be signed by the person who filed the original notice of the right to claim a lien or by a person authorized to sign for the person who filed the original notice of the right to claim a lien and must include:

(i) the clerk and recorder's file number of the original notice;

(ii) the date on which the original notice was filed; and

(iii) the name of the person to whom the original notice was given.

(e) If a notice of the right to claim a lien is required under this section, a person may not claim a construction lien pursuant to this part unless there is an unexpired notice of right to claim a construction lien or an unexpired continuation notice filed with the clerk and recorder at the time that the person files the lien.

(7) A contracting owner shall provide in the construction contract with the original contractor:

(a) a street address or legal description that is sufficient to identify the real estate being improved; and

(b) the name and address of the contracting owner.

(8) At the request of any subcontractor or material supplier who may claim a lien through an original contractor providing services or materials to a contracting owner, the original contractor shall furnish to the requestor within 5 business days:

(a) a street address or legal description sufficient to identify the real estate being improved; and

(b) the name and address of the contracting owner.
Mont. Code Ann. § 71-1-212 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-212
71-1-212 Penalties for failure to give certificate of discharge or release after full performance
Status: in_force

71-1-212 . Penalties for failure to give certificate of discharge or release after full performance. After the full performance of the conditions of a mortgage and whether before or after a breach of the mortgage, a mortgagee or the personal representative or assignee of the mortgagee who refuses or neglects to execute, acknowledge, and deliver to the mortgagor a certificate of discharge or release of the mortgage within 90 days after a request for one is liable to the mortgagor or the mortgagor's heirs or assigns in the sum of $500 and all actual damages resulting from the neglect or refusal.
Mont. Code Ann. § 71-3-1302 — MT Code / Title 71 / Chapter 3 / Part 13 / Section 71-3-1302
71-3-1302 Purchaser's lien on real property
Status: in_force

71-3-1302 . Purchaser's lien on real property. A person who pays to the owner any part of the price of real property under an agreement for the sale of real property has a special lien upon the property, independent of possession, for the part of the amount paid that the person is entitled to recover in case of a failure of consideration.
Mont. Code Ann. § 71-3-601 — MT Code / Title 71 / Chapter 3 / Part 6 / Section 71-3-601
71-3-601 Definition of lumber -- who may have lien
Status: in_force

71-3-601 . Definition of lumber -- who may have lien. (1) The term "lumber", as used in this part, means all logs or other timber sawed or split for use, including beams, joists, planks, boards, shingles, laths, staves, hoops, and every article of any nature or description manufactured from sawlogs or other timber.

(2) A person, general partnership, limited partnership, corporation, or association performing labor done upon or that assists in obtaining or securing sawlogs, piling, railroad ties, cordwood, or other timber has a lien upon the product and upon all other sawlogs, piling, railroad ties, cordwood, or other timber that at the time of the filing of the claim or lien provided for in subsection (3) belonged to the person or corporation for whom the labor was performed for the work or labor done upon or in obtaining or securing the particular sawlogs, piling, railroad ties, cordwood, or other timber described in the claim or lien. The lien exists whether the work or labor was done at the request of the owner, the owner's agent, a contractor or subcontractor, or any person on behalf of the owner or the owner's agent or a contractor or subcontractor. The cook in a logging camp must be regarded as a person who assists in obtaining or securing any of the timber mentioned in this subsection.

(3) A person performing work or labor or assisting in manufacturing sawlogs and other timber into lumber and shingles has a lien upon the lumber while the lumber remains at the mill where it was manufactured or in the possession or under the control of the manufacturer, whether the work or labor was done at the request of the owner of the logs, the owner's agent, or any contractor or subcontractor of the owner.

(4) A person who permits another to go upon the person's timberland and cut sawlogs, piling, railroad ties, cordwood, or other timber has a lien upon the sawlogs, piling, railroad ties, cordwood, or other timber for the price agreed to be paid for the privilege or for the price the privilege would be reasonably worth if there was no express agreement fixing the price.
Mont. Code Ann. § 71-3-112 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-112
71-3-112 Holder of lien not entitled to compensation
Status: in_force

71-3-112 . Holder of lien not entitled to compensation. Except as otherwise provided by the Uniform Commercial Code, one who holds property by virtue of a lien on the property is not entitled to compensation from the owner of the property for any trouble or expense that the person incurs respecting the property, except to the same extent as a borrower under 70-7-110 and 70-7-111 .
Mont. Code Ann. § 71-3-551 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-551
71-3-551 Substitution of bond allowed -- filing -- amount -- condition
Status: in_force

71-3-551 . Substitution of bond allowed -- filing -- amount -- condition. (1) (a) Whenever a construction lien has been filed on real property, entities as provided in subsection (1)(b) may, at any time before the lien claimant has commenced an action to foreclose the construction lien or within 30 days of the service of a complaint in an action to foreclose the construction lien, file a bond with the clerk of the district court in the county in which the property is located or, if the property is located in more than one county, with the clerk of the district court of any county in which a part of the property is located.

(b) The following persons may file a bond as provided in subsection (1)(a):

(i) the contracting owner of any interest in the property, whether legal or beneficial;

(ii) the original contractor as defined in 71-3-522 ; or

(iii) any subcontractor.

(2) The bond must be in an amount 1 1/2 times the amount of the construction lien and must be either in cash or written by a corporate surety company. If written by a corporate surety, the bond must be approved by a judge of the district court with which the bond is filed.

(3) The bond must be conditioned that if the construction lien claimant is finally adjudged to be entitled to recover on the claim on which the construction lien is based, the principal or the principal's sureties shall pay to the claimant the amount of the claimant's judgment, together with any interest, costs, attorney fees, and other sums that the claimant would be entitled to recover on the foreclosure of a construction lien against the principal. However, the total amount paid by the principal or the principal's sureties may not exceed the amount of the bond provided for in subsection (2).
Mont. Code Ann. § 71-1-320 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-320
71-1-320 Trustees' fees and attorneys' fees
Status: in_force

71-1-320 . Trustees' fees and attorneys' fees. Reasonable trustees' fees and attorneys' fees to be charged to the grantor in the event of foreclosure by advertisement and sale shall not exceed, in the aggregate, 5% of the amount due on the obligation, both principal and interest, at the time of the trustee's sale. If prior to the trustee's sale the obligation and the trust indenture shall be reinstated in accordance with provisions of 71-1-312 , the reasonable trustees' fees and attorneys' fees to be charged to the grantor shall not exceed the lesser of $1,000 or 1% of the amount due on the obligation, both principal and interest, at the time of default. In no event shall trustees' fees and attorneys' fees be charged to a grantor on account of any services rendered prior to the commencement of foreclosure.
Mont. Code Ann. § 71-1-109 — MT Code / Title 71 / Chapter 1 / Part 1 / Section 71-1-109
71-1-109 Mortgage of property adversely held
Status: in_force

71-1-109 . Mortgage of property adversely held. A mortgage may be created upon property held adversely to the mortgagor.
Mont. Code Ann. § 71-3-203 — MT Code / Title 71 / Chapter 3 / Part 2 / Section 71-3-203
71-3-203 Execution of notices and certificates
Status: in_force

71-3-203 . Execution of notices and certificates. Certification by the secretary of the treasury of the United States, by the secretary's delegate, or by any official or entity of the United States responsible for filing or certifying notice of any lien, notices of liens, certificates, or other notices affecting federal liens entitles them to be filed. No other attestation, certification, or acknowledgment is necessary.
Mont. Code Ann. § 71-3-405 — MT Code / Title 71 / Chapter 3 / Part 4 / Section 71-3-405
71-3-405 Limitations of actions to foreclose liens
Status: in_force

71-3-405 . Limitations of actions to foreclose liens. All actions for the foreclosure and enforcement of the lien herein provided for must be commenced within 90 days from the filing of the lien.
Mont. Code Ann. § 71-1-208 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-208
71-1-208 Recording of subordination or waiver agreements
Status: in_force

71-1-208 . Recording of subordination or waiver agreements. A subordination agreement or a waiver in favor of subsequent purchasers, encumbrancers, or mortgagees as regards any real estate mortgage of record or the property therein included may be recorded in like manner as a real estate mortgage, and such record shall operate as due and legal notice to the mortgagor and the mortgagee and to all other interested persons. Any such subordination agreement or waiver shall be valid and binding so far as the mortgage therein referred to or the property covered by such mortgage is concerned, when executed by the record holder of the mortgage involved.
Mont. Code Ann. § 71-3-123 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-123
71-3-123 When restoration extinguishes lien
Status: in_force

71-3-123 . When restoration extinguishes lien. Except as otherwise provided by the Uniform Commercial Code, the voluntary restoration of property to its owner by the holder of a lien thereon, dependent upon possession, extinguishes the lien as to such property, unless otherwise agreed by the parties, and extinguishes it, notwithstanding any such agreement, as to creditors of the owner and persons subsequently acquiring a title to the property or a lien thereon in good faith and for a good consideration.
Mont. Code Ann. § 71-3-401 — MT Code / Title 71 / Chapter 3 / Part 4 / Section 71-3-401
71-3-401 Who may have lien -- priority
Status: in_force

71-3-401 . Who may have lien -- priority. (1) A person who performs services for another in the capacity of a farm or ranch laborer has a lien on all crops of every kind grown, raised, or harvested by the person for whom the services were performed during that time as security for the payment of any wages due or owing to the person for services performed.

(2) The lien has priority over all other liens, chattel mortgages, or encumbrances except feed sufficient for 3 months for 1 horse, 2 cows and their calves, 4 hogs, and 50 domestic fowls and seed grain and threshers' liens. The wages for which a lien may be claimed may not be in excess of $1,000 or for a period of time exceeding 60 days preceding the date of filing the lien. If a person without cause quits the employment before the expiration of the time for which the person is employed, the person is not entitled to a lien as provided in this part.

(3) If several persons have or obtain liens under the provisions of this part against property of the same employer, they have no priority among themselves but all must be paid pro rata from the proceeds of any foreclosure sale according to the provisions of this part.
Mont. Code Ann. § 71-3-124 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-124
71-3-124 Filing costs and attorney fees to be recovered on foreclosure of liens -- offer of judgment
Status: in_force

71-3-124 . Filing costs and attorney fees to be recovered on foreclosure of liens -- offer of judgment. (1) In an action to foreclose any of the liens provided for in Title 71, chapter 3, part 3, 4, 5, 6, 8, 10, or 16, the court shall allow as costs the money paid and attorney fees incurred for filing and recording the lien and reasonable attorney fees in the district and supreme courts. The costs and attorney fees must be allowed to each claimant whose lien is established, and the reasonable attorney fees must be allowed to the defendant against whose property a lien is claimed if the lien is not established.

(2) In an action to foreclose any of the liens provided for in Title 71, chapter 3, part 3, 4, 5, 6, 8, 10, or 16, a defendant may make an offer of judgment as authorized in Rule 68, M.R.Civ.P. If the lienholder rejects the offer to allow judgment to be taken against the defendant and the lienholder obtains a judgment that is not more favorable than the offer, the lienholder shall, in addition to the costs allowed under Rule 68, M.R.Civ.P., pay the attorney fees incurred after the offer is made.
Mont. Code Ann. § 71-3-1606 — MT Code / Title 71 / Chapter 3 / Part 16 / Section 71-3-1606
71-3-1606 Rights of first purchasers
Status: in_force

71-3-1606 . Rights of first purchasers. (1) The following are not affected by the provisions of this part or the filing of any instrument permitted under this part:

(a) transfer of the legal title to oil or gas from an interest owner or operator to a first purchaser;

(b) ownership of oil or gas before the oil or gas is severed, as reflected by records affecting real property; or

(c) the right of a first purchaser to take or receive oil or gas under the terms of a division order or a similar agreement for the sale and purchase of oil or gas.

(2) A first purchaser or purchaser is free to transport oil or gas products out of the state or to sell oil or gas products without permission or release of a lien perfected under 71-3-1605 .
Mont. Code Ann. § 71-3-802 — MT Code / Title 71 / Chapter 3 / Part 8 / Section 71-3-802
71-3-802 How lien obtained
Status: in_force

71-3-802 . How lien obtained. (1) A person entitled to a lien under 71-3-801 shall file with the office of the secretary of state a statement of agricultural lien, as provided in 71-3-125 , within 30 days after the last service was rendered or labor performed in the threshing of grain or other crops or the cutting and harvesting and threshing by the combined harvester and thresher.

(2) If the grain or other crops cut, harvested, and threshed are being hauled from the machine or combine directly to the elevator or to any other purchaser, the thresher, swather, or owner of the combine desiring to claim a lien shall also serve written notices upon the elevator operator or other private purchaser that the person will claim and file a lien upon the grain or other crops for the person's services or labor performed in threshing or combining and threshing the grain or crops. A copy of the statement of agricultural lien mailed by certified mail is sufficient notice to the elevator operator or other private purchaser.
Mont. Code Ann. § 71-3-1010 — MT Code / Title 71 / Chapter 3 / Part 10 / Section 71-3-1010
71-3-1010 Removal of property covered by lien prohibited -- effect of wrongful removal
Status: in_force

71-3-1010 . Removal of property covered by lien prohibited -- effect of wrongful removal. (1) When any lien provided for by this part shall have attached to the property covered thereby, it shall be unlawful for any person to remove such property or any part thereof or cause the same to be removed from the land or premises where located at the time such lien attached or otherwise dispose of the same without the written consent of the holder of such lien.

(2) In the event such property or some part thereof is about to be removed or disposed of in violation of this section, the district court for the county where such property or any part thereof is located may, upon the verified application of the holder of such lien, enjoin all persons alleged in such application to be about to remove or dispose of such property or some part thereof from removing or disposing of the same.

(3) In the event such property or any part thereof shall have been removed or disposed of in violation of this section, the holder of such lien shall be entitled in any action to foreclose the same to the appointment of a receiver to take possession of such removed or disposed of property wherever the same may be located within this state.

(4) This section shall not preclude the appointment of a receiver in actions brought to foreclose liens given by this part upon any equitable grounds warranting such appointment.
Mont. Code Ann. § 71-3-404 — MT Code / Title 71 / Chapter 3 / Part 4 / Section 71-3-404
71-3-404 Notice to other lienholders
Status: in_force

71-3-404 . Notice to other lienholders. (1) A person intending to foreclose a lien secured under the provisions of this part shall give a written notice to the owner or the person against whom the lien is claimed and all chattel mortgagees, encumbrancers, and all other lienholders who appear on record in the office of the secretary of state that in not less than 10 days from the date of notice the person will institute proceedings for the foreclosure of the person's lien. Any other labor lienholder to whom notice is given may join in the foreclosure proceedings and is entitled to a pro rata share of the proceeds of the foreclosure sale as provided in this part. However, a notified labor lienholder who does not join in the proceedings is not entitled to share pro rata in the proceeds of the sale.

(2) The lien notice required by this section must be given by certified mail and directed to the last-known address of the owner or the person against whom the lien is claimed and to the addresses of the chattel mortgagees, encumbrancers, and all other lienholders as their addresses appear of record. The return of the foreclosure sale must be accompanied by proof of the giving of notice as required to be given in this section.
Mont. Code Ann. § 71-3-1213 — MT Code / Title 71 / Chapter 3 / Part 12 / Section 71-3-1213
71-3-1213 Enforcement of agister's lien -- sale
Status: in_force

71-3-1213 . Enforcement of agister's lien -- sale . If payment for keeping, feeding, herding, pasturing, or ranching stock is not made within 30 days after the performance of the keeping, feeding, herding, pasturing, or ranching, the person entitled to a lien under the provisions of 71-3-1211 through 71-3-1214 may enforce the lien in the following manner:

(1) The person shall deliver to the sheriff of the county in which the property is located an affidavit of the amount of the person's claim against the stock and the name of the owner of the stock or of the person at whose request the feed or material was furnished.

(2) Upon receipt of the affidavit, the sheriff shall advertise and sell at public auction as much of the stock covered by the lien as will satisfy the lien.

(3) Notice of the sale must be provided in the manner prescribed in 25-13-701 (1)(b).

(4) (a) Before the sheriff sells the stock at public auction, the sheriff shall give notice of the sale to the owner or person at whose request the feed or material was furnished.

(b) Notice must be given at least 10 days before the sale to the owner or person at whose request the feed or material was furnished and to any other person holding a lien on the animals.

(c) The notice must state:

(i) the time and place of the sale;

(ii) the amount of the claim against the stock;

(iii) a description of the stock;

(iv) the name of the owner or person at whose request the feed or material was furnished; and

(v) the name of the person claiming the lien.

(d) The notice may be given by personal service or by mailing a copy of the notice by certified mail to the last-known post-office address of the owner or person at whose request the feed or material was furnished.

(e) If the sheriff is not able to effect personal service or service by mail because the location and mailing address of the owner or person at whose request the feed or material was furnished is unknown, the sheriff may give notice by posting notice of the sale in three public places in the county in which the property is located.

(5) The sheriff shall apply the proceeds of the sale to the discharge of the lien and the cost of the proceedings in selling the stock and enforcing the lien. The remainder, if any, or a part that is required to discharge the claims must be turned over by the sheriff to the holders, in the order of their precedence, of the chattel mortgages or other lien claimants of record against the stock, and the balance of the proceeds must be turned over to the owner of the stock.

(6) Before seizing stock under the provisions of this section, the sheriff may require an indemnity bond from the lienor. The indemnity bond may not exceed double the amount of the claim against the stock. The sheriff shall approve the bond and the surety or sureties on the bond.
Mont. Code Ann. § 71-1-232 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-232
71-1-232 Deficiency judgment not allowed on foreclosure of purchase price mortgage
Status: in_force

71-1-232 . Deficiency judgment not allowed on foreclosure of purchase price mortgage. Upon the foreclosure of any mortgage, executed to any vendor of real property or to the vendor's heirs, executors, administrators, or assigns for the balance of the purchase price of the real property, the mortgagee is not entitled to a deficiency judgment on account of the mortgage or note or obligation secured by the mortgage.
Mont. Code Ann. § 71-3-107 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-107
71-3-107 Prior liens
Status: in_force

71-3-107 . Prior liens. When the holder of a special lien is compelled to satisfy a prior lien for the holder's own protection, the holder may enforce payment of the amount paid as a part of the claim for which the holder's own lien exists.
Mont. Code Ann. § 71-3-1002 — MT Code / Title 71 / Chapter 3 / Part 10 / Section 71-3-1002
71-3-1002 Lien for labor and materials furnished for use on leasehold for oil and gas purposes or pipelines -- exceptions
Status: in_force

71-3-1002 . Lien for labor and materials furnished for use on leasehold for oil and gas purposes or pipelines -- exceptions. (1) Any person, corporation, or partnership that under expressed or implied contract with the owner of any leasehold for oil and gas purposes or the owner of any gas pipe or oil pipeline or with the trustee or agent of the owner performs labor or furnishes material or services used in the digging, drilling, torpedoing, completing, operating, or repairing of any oil or gas well or oil or gas pipeline or who furnishes any material or services or performs any labor in constructing or putting together any of the machinery used in digging, drilling, torpedoing, operating, completing, or repairing any oil or gas well or oil or gas pipeline, whether or not the material is incorporated into or becomes a part of the oil or gas well or oil or gas pipeline, may have a lien for the amount due, including associated transportation and mileage charges and interest from the date the amount was due, upon:

(a) the whole of the leasehold or oil or gas pipeline;

(b) the appurtenances on the leasehold or oil or gas pipeline;

(c) all material owned by the owner of the leasehold or oil or gas pipeline and used in the digging, drilling, torpedoing, completing, operating, or repairing of the oil or gas well or oil or gas pipeline;

(d) all oil or gas wells located on the leasehold; and

(e) all oil or gas produced from the leasehold, subject to the provisions of Title 71, chapter 3, part 16.

(2) If labor is performed for, or materials or services are furnished to, the owner of the working interest in only a portion of the acreage covered by a lease, the lien granted under subsection (1) must be restricted to the portion of the acreage that is covered by the lease.

(3) A lien granted under subsection (1) does not extend to any royalty interests, overriding royalty interests, or oil payments created prior to the date the first item of material or services are furnished or the date the first labor is performed.
Mont. Code Ann. § 71-3-523 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-523
71-3-523 Who may claim construction lien -- limitation
Status: in_force

71-3-523 . Who may claim construction lien -- limitation. A person who furnishes services or materials pursuant to a real estate improvement contract may claim a construction lien, only to the extent provided in this part, to secure the payment of the person's contract price.
Mont. Code Ann. § 71-3-526 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-526
71-3-526 Amount of lien
Status: in_force

71-3-526 . Amount of lien. (1) A person who has furnished services or materials pursuant to a real estate improvement contract is entitled to a lien for the unpaid part of the person's contract price, subject to the provisions of 71-3-524 .

(2) A person's lien is reduced by the sum of the liens of persons claiming construction liens through that person.
Mont. Code Ann. § 71-1-206 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-206
71-1-206 Future advances
Status: in_force

71-1-206 . Future advances. (1) The amount of future advances or total indebtedness that may be outstanding at any given time and subject to mortgage protection must be stated in the mortgage. The mortgagee may reserve the right, at the mortgagee's option, to refuse to make all or any part of a future advance. The total amount of indebtedness that may be secured by the mortgage may decrease or increase from time to time, but the total principal amount of the obligations secured at any one time may not exceed the face amount stated in the mortgage together with interest as provided in the instrument secured by the mortgage.

(2) The lien for the stated amount of future advances or total indebtedness shall, notwithstanding the fact that from time to time during the term of the mortgage no indebtedness is due from the mortgagor to the mortgagee, have priority to the same extent as if the amount thereof had been actually advanced by the mortgagee to the mortgagor at the time of the execution of the mortgage. The lien extends to interest as provided in the instrument secured by the mortgage.

(3) The mortgagee shall, upon demand of the mortgagor or a creditor, furnish a statement of all such advances and amounts paid on the principal sum secured, provided such statement shall not impair or affect the lien created for all advances. Upon receipt of such statement or at any other time following the execution and delivery of the mortgage, the mortgagor may deliver written notice, duly acknowledged, to the mortgagee plainly stating that the mortgagor does not desire to request or apply for any future advances if none have been allowed or for any further advances if additional advances have in fact been theretofore allowed under the mortgage, clearly identifying the mortgage by reference to its date, the parties thereto, and the principal amount of the original indebtedness and the limit placed on contemplated future advances, if allowed. Upon the recording of such written notice by the mortgagor in the county and counties where the mortgage is recorded, the lien of the mortgage shall continue to have priority, but only for the aggregate amount of the indebtedness then existing, including any advances theretofore made, interest due, and other charges as evidenced by the original loan-contract and indebtedness thereafter accumulating on such basis, exclusive of any other future advances originally contemplated. The mortgagor retains the right to demand satisfaction of the mortgage at any time the balance is zero.
Mont. Code Ann. § 71-3-810 — MT Code / Title 71 / Chapter 3 / Part 8 / Section 71-3-810
71-3-810 Destruction of records -- when allowed
Status: in_force

71-3-810 . Destruction of records -- when allowed. (1) All threshers' liens filed for record in the office of any county clerk and recorder must be retained by the county clerk in a file kept for that purpose for a period of 8 years from the time when the threshers' lien has ceased to be a lien on the property described in the lien.

(2) Upon the expiration of the period of time specified in subsection (1), the county clerk and recorder may destroy all threshers' liens that have been preserved for the period of time specified in this section, upon approval by the local government records destruction subcommittee provided for in 2-6-1202 .
Mont. Code Ann. § 71-3-1504 — MT Code / Title 71 / Chapter 3 / Part 15 / Section 71-3-1504
71-3-1504 Judgment lien
Status: in_force

71-3-1504 . Judgment lien. The lien of a judgment is regulated by Title 25.
Mont. Code Ann. § 71-3-902 — MT Code / Title 71 / Chapter 3 / Part 9 / Section 71-3-902
71-3-902 How lien obtained
Status: in_force

71-3-902 . How lien obtained. (1) A person, firm, corporation, or partnership that is entitled to a lien under this part shall, within 90 days after the last labor or service was performed or material furnished in crop dusting or spraying grains or crops, file in the office of the secretary of state a statement of agricultural lien as provided in 71-3-125 .

(2) A person, firm, corporation, or partnership that is entitled to a lien and that intends to file a lien under this part shall give notice, by certified mail, of intent to file to the person, firm, corporation, or partnership for which labor or service was performed or materials furnished.
Mont. Code Ann. § 71-3-901 — MT Code / Title 71 / Chapter 3 / Part 9 / Section 71-3-901
71-3-901 Who may have lien -- amount
Status: in_force

71-3-901 . Who may have lien -- amount. A person, firm, corporation, or partnership that under contract, express or implied, performs labor or services or furnishes material in crop dusting or spraying grains or crops, whether by aerial or ground application, for the purpose of fertilization or weed, disease, or insect control for promoting the growth of the grains or crops has a lien upon all grains or crops dusted or sprayed for and on account of the labor or service performed and material furnished, upon complying with the provisions of this part. A lien may not exceed the prevailing price charged in the particular locality in which the grain or crops are sprayed or dusted.
Mont. Code Ann. § 71-1-235 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-235
71-1-235 Instruments -- negotiability and remedies
Status: in_force

71-1-235 . Instruments -- negotiability and remedies. Nothing in this part shall be deemed to affect the negotiability of an instrument, and nothing in this part shall be deemed to limit remedies otherwise available to the purchaser of a promissory note secured by a mortgage unless such purchaser at the time of purchase had notice that the note was so secured.
Mont. Code Ann. § 71-1-207 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-207
71-1-207 Recording of mortgages and assignments
Status: in_force

71-1-207 . Recording of mortgages and assignments. (1) Mortgages of real property may be acknowledged or proved, certified, and recorded in the same manner and with the same effect as grants of real property.

(2) An assignment of a real estate mortgage may be recorded in the same manner as a real estate mortgage, and the record operates as legal notice to the mortgagor and all persons subsequently deriving title to the mortgage from the assignor as well as to all other persons, including subsequent purchasers, encumbrancers, mortgagees, or other lienholders. An assignment must contain the assignee's post-office address at the assignee's place of residence and may not be recorded or filed unless it contains the post-office address.
Mont. Code Ann. § 71-2-101 — MT Code / Title 71 / Chapter 2 / Part 1 / Section 71-2-101
71-2-101 Definitions
Status: in_force

71-2-101 . Definitions. (1) "Pledge" is a deposit of personal property by way of security for the performance of another's act.

(2) A pledgor and pledgee may agree upon a third person with whom to deposit the property pledged, who, if the third person accepts the deposit, is called a "pledge holder".
Mont. Code Ann. § 71-1-307 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-307
71-1-307 Reconveyance upon performance -- liability for failure to reconvey
Status: in_force

71-1-307 . Reconveyance upon performance -- liability for failure to reconvey. (1) Upon performance of the obligation secured by the trust indenture, the trustee, upon written request of the beneficiary or servicer, shall reconvey the interest in real property described in the trust indenture to the grantor. If the obligation is performed and the beneficiary or servicer refuses to request reconveyance or the trustee refuses to reconvey the property within 90 days of the request, the beneficiary, servicer, or trustee who refuses is liable to the grantor for the sum of $500 and all actual damages resulting from the refusal to reconvey.

(2) If a beneficiary or servicer has received a notice of intent to reconvey pursuant to 71-1-308 and has not timely requested a reconveyance or has not objected to the reconveyance within the 90-day period established in 71-1-308 , the beneficiary or servicer is liable to the title insurer or title insurance producer for the sum of $500 and all damages resulting from the failure.

(3) In an action by a grantor, title insurer, or title insurance producer to collect any sums due under this section, the court shall award attorney fees and costs to the prevailing party.
Mont. Code Ann. § 71-3-406 — MT Code / Title 71 / Chapter 3 / Part 4 / Section 71-3-406
71-3-406 Rules of practice
Status: in_force

71-3-406 . Rules of practice. (1) Except as otherwise provided in this part, the provisions of Title 25 are applicable to and constitute the rules of practice in the proceedings mentioned in this part.

(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. § 71-3-608 — MT Code / Title 71 / Chapter 3 / Part 6 / Section 71-3-608
71-3-608 Duties of county clerk
Status: in_force

71-3-608 . Duties of county clerk. The county clerk shall file any claim presented under the provisions of this part, endorse on the claim the time of receipt, keep the claim in the clerk's office for the inspection of all persons, and enter in a book, properly ruled and kept for that purpose, the names of all the parties, alphabetically arranged, the amount of the lien, and the time of filing the lien.
Mont. Code Ann. § 71-3-110 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-110
71-3-110 Enforcement of obligation by creditor
Status: in_force

71-3-110 . Enforcement of obligation by creditor. The existence of a lien, as security for the performance of an obligation, does not affect the right of the creditor to enforce the obligation without regard to the lien.
Mont. Code Ann. § 71-3-702 — MT Code / Title 71 / Chapter 3 / Part 7 / Section 71-3-702
71-3-702 Priority
Status: in_force

71-3-702 . Priority. The lien provided by 71-3-701 shall, as to the crop covered thereby, have priority over all other liens and encumbrances thereon.
Mont. Code Ann. § 71-3-104 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-104
71-3-104 Lien by agreement
Status: in_force

71-3-104 . Lien by agreement. A lien may be created by contract, to take immediate effect, as security for the performance of obligations not then in existence.
Mont. Code Ann. § 71-1-104 — MT Code / Title 71 / Chapter 1 / Part 1 / Section 71-1-104
71-1-104 Mortgage not a personal obligation
Status: in_force

71-1-104 . Mortgage not a personal obligation. A mortgage does not bind the mortgagor personally to perform the act for the performance of which it is a security unless there is an express covenant therein to that effect.
Mont. Code Ann. § 71-3-307 — MT Code / Title 71 / Chapter 3 / Part 3 / Section 71-3-307
71-3-307 Liens not affected prior to four months of claim
Status: in_force

71-3-307 . Liens not affected prior to four months of claim. Nothing in this part shall be construed so as to affect any lien, encumbrance, or mortgage held by any creditor of such employer prior to said 4 months.
Mont. Code Ann. § 71-3-804 — MT Code / Title 71 / Chapter 3 / Part 8 / Section 71-3-804
71-3-804 Priority
Status: in_force

71-3-804 . Priority. The lien for work or labor done or services rendered as specified in 71-3-801 shall be prior to and have precedence over any mortgage, encumbrance, or other lien upon said grain or other crops, except the lien for the seed furnished for the purpose of growing this particular crop.
Mont. Code Ann. § 71-2-108 — MT Code / Title 71 / Chapter 2 / Part 1 / Section 71-2-108
71-2-108 When pledge may not be withdrawn
Status: in_force

71-2-108 . When pledge may not be withdrawn. A person who pledges property as security for the obligation of another cannot withdraw the property pledged except in the manner that a personal pledgor might, and if the person receives from the debtor a consideration for the pledge, the person may not withdraw it without the debtor's consent.
Mont. Code Ann. § 71-3-407 — MT Code / Title 71 / Chapter 3 / Part 4 / Section 71-3-407
71-3-407 Parties
Status: in_force

71-3-407 . Parties. All persons interested in the matter in controversy or in property charged with the lien or having liens thereon may be made parties.
Mont. Code Ann. § 71-1-107 — MT Code / Title 71 / Chapter 1 / Part 1 / Section 71-1-107
71-1-107 Transfers of interest
Status: in_force

71-1-107 . Transfers of interest. (1) Every transfer of an interest in property, other than in trust, made only as a security for the performance of another act is to be deemed a mortgage, except when in the case of personal property it is accompanied by actual change of possession, in which case it is deemed a pledge.

(2) The fact that a transfer was made subject to defeasance on a condition may, for the purpose of showing such transfer to be a mortgage, be proved (except as against a subsequent purchaser or encumbrancer for value and without notice), though the fact does not appear by the terms of the instrument.
Mont. Code Ann. § 71-1-110 — MT Code / Title 71 / Chapter 1 / Part 1 / Section 71-1-110
71-1-110 Passage of mortgage by assignment of debt
Status: in_force

71-1-110 . Passage of mortgage by assignment of debt. The assignment of a debt secured by mortgage carries with it the security.
Mont. Code Ann. § 71-3-522 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-522
71-3-522 Definitions
Status: in_force

71-3-522 . Definitions. As used in this part, the following definitions apply:

(1) "Commencement of work" means the date of the first visible change in the physical condition of the real estate caused by the first person furnishing services or materials pursuant to a particular real estate improvement contract.

(2) "Construction lien" or "lien" means a lien against real estate arising under this part.

(3) (a) "Contract price" means the amount agreed upon by the contracting parties for performing services and furnishing materials covered by the contract, increased or diminished by:

(i) the price of change orders or extras;

(ii) any amounts attributable to altered specifications; or

(iii) a breach of contract, including but not limited to defects in workmanship or materials.

(b) If a price is not agreed upon by the contracting parties, the contract price means the reasonable value of all services or materials covered by the contract.

(4) (a) "Contracting owner" means a person who owns an interest in real estate and who, personally or through an agent, enters into an express or implied contract for the improvement of the real estate.

(b) For the purpose of determining whether a person is a contracting owner, agency is presumed, in the absence of clear and convincing evidence to the contrary:

(i) between employer and employee;

(ii) between spouses;

(iii) between joint tenants; and

(iv) among tenants in common.

(5) "Original contractor" means a contractor who contracts directly with the contracting owner.

(6) (a) "Real estate improvement contract" means an agreement to perform services, including labor, or to furnish materials for the purpose of producing a change in the physical condition of the real estate, including:

(i) alteration of the surface by excavation, fill, change in grade, or change in a shore, bank, or flood plain of a stream, swamp, or body of water;

(ii) construction or installation on, above, or below the surface of land;

(iii) demolition, repair, remodeling, or removal of a structure previously constructed or installed;

(iv) seeding, sodding, or other landscape operation;

(v) surface or subsurface testing, boring, or analysis; and

(vi) preparation of plans, surveys, or architectural or engineering plans or drawings for any change in the physical condition of the real estate, regardless of whether they are used to produce a change in the physical condition of the real estate.

(b) For the purpose of claiming a construction lien, a real estate improvement contract does not include:

(i) a contract for the mining or removal of timber, minerals, gravel, soil, sod, or things growing on the land or a similar contract in which the activity is primarily for the purpose of making the materials available for sale or use; or

(ii) a contract for the planting, cultivation, or harvesting of crops or for the preparation of the soil for the planting of crops.
Mont. Code Ann. § 71-3-301 — MT Code / Title 71 / Chapter 3 / Part 3 / Section 71-3-301
71-3-301 Priority when assignment of property made
Status: in_force

71-3-301 . Priority when assignment of property made. In all assignments of property made by any person to trustees or assignees on account of the inability of the person, at the time of the assignment, to pay the person's debts or in proceedings of insolvency, the wages of the miners, mechanics, salespersons, servants, clerks, or laborers employed by the person, to the amount actually owed and for services rendered within the previous 4 months, are preferred claims and must be paid by the trustees or assignees before any other creditor of the assignor.
Mont. Code Ann. § 71-1-233 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-233
71-1-233 Attorney's fee on foreclosure
Status: in_force

71-1-233 . Attorney's fee on foreclosure. In an action to foreclose a mortgage of real property, the court must allow as a part of the costs a reasonable attorney's fee, which shall be fixed by the court, any stipulation in the instrument or any agreement between the parties to the contrary notwithstanding.
Mont. Code Ann. § 71-3-1004 — MT Code / Title 71 / Chapter 3 / Part 10 / Section 71-3-1004
71-3-1004 How lien perfected
Status: in_force

71-3-1004 . How lien perfected. A person, corporation, or partnership claiming a lien under this part shall file with the county clerk of the county in which the land, leasehold, or pipeline or some part of the land, leasehold, or pipeline is situated a statement verified by affidavit setting forth the amount claimed and the items of the claim, the dates on which labor was performed or material or services furnished, the name of the owner of the leasehold or pipeline, if known, the name of the claimant and the claimant's mailing address, a description of the leasehold or pipeline, and if the claimant is a claimant under 71-3-1003 , the name of the person for whom the labor was immediately performed or the material or services were immediately furnished. The statement must be filed within 6 months after the date upon which the material or services were last furnished or labor was last performed under contract.
Mont. Code Ann. § 71-1-302 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-302
71-1-302 Policy
Status: in_force

71-1-302 . Policy. Because the financing of homes and business expansion is essential to the development of the state of Montana and because financing of homes and business expansion, usually involving areas of real estate of not more than 40 acres, has been restricted by the laws relating to mortgages of real property and because more financing of homes and business expansion is available if the parties can use security instruments and procedures not subject to all the provisions of the mortgage laws, it is the public policy of the state of Montana to permit the use of trust indentures for estates in real property of not more than 40 acres as provided in this part.
Mont. Code Ann. § 71-3-201 — MT Code / Title 71 / Chapter 3 / Part 2 / Section 71-3-201
71-3-201 Short title
Status: in_force

71-3-201 . Short title. This part may be cited as the "Uniform Federal Lien Registration Act".
Mont. Code Ann. § 71-3-1006 — MT Code / Title 71 / Chapter 3 / Part 10 / Section 71-3-1006
71-3-1006 Date lien arises
Status: in_force

71-3-1006 . Date lien arises. The lien provided for in this part arises on the date of the furnishing of the first item of material or services or the date of performance of the first labor.
Mont. Code Ann. § 71-3-553 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-553
71-3-553 Action upon bond -- period of limitation same
Status: in_force

71-3-553 . Action upon bond -- period of limitation same. (1) When a bond is filed prior to the service of a complaint in an action to foreclose upon a construction lien as allowed in 71-3-551 , the person filing the construction lien may bring an action upon the bond.

(2) The action must be commenced within the time allowed for the commencement of an action upon foreclosure of a lien, and the statute of limitations applicable to a lien foreclosure applies to an action upon the bond as it would had a bond not been filed.
Mont. Code Ann. § 71-3-115 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-115
71-3-115 Order of resort to different funds
Status: in_force

71-3-115 . Order of resort to different funds. When a person has a lien upon several things and other persons have subordinate liens upon or interests in some but not all of the same things, the person having the prior lien, if the prior lienor can do so without risk of personal loss or of injustice to other persons, shall resort to the property in the following order, on the demand of any interested party:

(1) to the things upon which the person has an exclusive lien;

(2) to the things that are subject to the fewest subordinate liens;

(3) in the same manner inversely to the number of subordinate liens upon the same thing; and

(4) when several things are within one of the classes described in subsections (2) and (3) and subject to the same number of liens, resort must be had:

(a) first, to the things that have not been transferred since the prior lien was created;

(b) second, to the things that have been transferred since the prior lien was created without a valuable consideration; and

(c) third, to the things that have been transferred for a valuable consideration in the inverse order of the transfer.
Mont. Code Ann. § 71-3-306 — MT Code / Title 71 / Chapter 3 / Part 3 / Section 71-3-306
71-3-306 Preferred claims -- no dismissal of original action without consent
Status: in_force

71-3-306 . Preferred claims -- no dismissal of original action without consent. Persons having the preferred claims mentioned in this part are entitled to a lien upon the property attached or levied upon, and if said claims are not disputed or if a judgment is recovered for the same, the officer must pay such claims out of the property, and the original action cannot be dismissed without the consent of the owners of such preferred claims.
Mont. Code Ann. § 71-3-207 — MT Code / Title 71 / Chapter 3 / Part 2 / Section 71-3-207
71-3-207 Prior filings of tax liens and notices
Status: in_force

71-3-207 . Prior filings of tax liens and notices. Filing officers with whom notices of federal tax liens, certificates, and notices affecting such liens have been filed on or before July 1, 1967, shall, after that date, continue to maintain a file labeled "federal tax lien notices filed prior to July 1, 1967", containing notices and certificates filed in numerical order of receipt. If a notice of lien was filed on or before July 1, 1967, any certificate or notice affecting the lien shall be filed in the same office.
Mont. Code Ann. § 71-3-1113 — MT Code / Title 71 / Chapter 3 / Part 11 / Section 71-3-1113
71-3-1113 Definitions
Status: in_force

71-3-1113 . Definitions. As used in this part, the following definitions apply:

(1) "Ambulance service" means a person providing ground or air ambulance transport, licensed under 50-6-306 , that:

(a) is in-network with at least two insurers that together provide coverage for at least 25% of health insurance insureds in the state; or

(b) accepts insurance, including copayments, coinsurance, or deductibles, as payment in full and does not offer memberships under Title 33, chapter 2, part 22.

(2) "Beneficiary" means a person entitled to insurance benefits.

(3) "Dentist" means a person practicing dentistry as provided in 37-4-101 .

(4) "Insurance" means a contract through which a person, the insurer, undertakes to indemnify another, the insured, or pay or provide a determinable amount or benefit upon determinable contingencies.

(5) "Insurer" has the meaning of a health insurance issuer provided in 33-22-140 .

(6) "Outpatient center for surgical services" means a facility registered as provided in 50-32-314 .

(7) "Person" means an individual, a corporation, an organization, or other legal entity.
Mont. Code Ann. § 71-3-552 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-552
71-3-552 Lien discharged upon filing of bond
Status: in_force

71-3-552 . Lien discharged upon filing of bond. Upon the filing of a bond as provided in 71-3-551 , the lien against the real property shall forthwith be discharged and released in full and the bond shall be substituted for such lien.
Mont. Code Ann. § 71-3-536 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-536
71-3-536 Content of lien notice
Status: in_force

71-3-536 . Content of lien notice. The notice for the lien provided for in 71-3-535 may be filed in substantially this form:

Construction Lien

I, .......... (insert name and address of person claiming the construction lien), claim a construction lien pursuant to Title 71, chapter 3, of the Montana Code Annotated.

I claim this lien against .......... (give description of the real property against which the lien is claimed sufficient to identify it). The contracting owner is .......... (insert name of the person who owns the real estate and name of the person who entered into the contract to improve it).

At the request of .......... (give name and address of party with whom person claiming the lien contracted to furnish services or materials), I provided the following: .......... (give description of the services or materials provided). The amount remaining unpaid is .......... (insert the amount unpaid; if no amount was fixed by the contract, give your good faith estimate of the amount and identify it as an estimate).

I first furnished these services or materials on .......... (give date) and last furnished services or materials on .......... (give date; if the date has not yet arrived, insert an estimate of the date on which services or materials will be last furnished and identify the date as an estimate).

I gave notice of the right to claim a lien as required by 71-3-531 on .......... (give date) to .......... (give name of contracting owner). .......... (If it is not required to give a notice of the right to claim a lien, state the reason it is not required.)
Mont. Code Ann. § 71-1-203 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-203
71-1-203 Writing required
Status: in_force

71-1-203 . Writing required. A mortgage of real property can be created, renewed, or extended only by writing, with the formalities required in the case of a grant of real property.
Mont. Code Ann. § 71-1-223 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-223
71-1-223 Power of sale
Status: in_force

71-1-223 . Power of sale. When a real estate mortgage confers a power of sale, either upon the mortgagee or any other person, to be executed after a breach of the obligation for which the mortgage is a security, either an action may be maintained under this part to foreclose or proceedings may be had under the provisions of the mortgage.
Mont. Code Ann. § 71-3-604 — MT Code / Title 71 / Chapter 3 / Part 6 / Section 71-3-604
71-3-604 Duration of lien
Status: in_force

71-3-604 . Duration of lien. No lien provided for in this part binds any sawlogs, piling, railroad ties, cordwood, or other timber or lumber and shingles for a longer period than 8 calendar months after the claim as herein provided has been filed, unless a civil action be commenced in a proper court within that time to enforce the same. However, in case such civil action so commenced should for any cause, other than the merits, be dismissed, then the lien shall continue for the term of 1 calendar month, if the 8 months have expired to permit the commencement of another action thereon, which shall be as effective in prolonging the lien as if it had been entered during the term of 8 months hereinbefore stated.
Mont. Code Ann. § 71-3-602 — MT Code / Title 71 / Chapter 3 / Part 6 / Section 71-3-602
71-3-602 Priority
Status: in_force

71-3-602 . Priority. The liens provided for in this part are preferred liens and prior to any other liens, and no sale or transfer of any sawlogs, piling, railroad ties, cordwood, or other timber or manufactured lumber or shingles shall divest the lien thereon as herein provided, and as between liens provided for in this part, those for work and labor shall be preferred. As between liens for work and labor claimed by several laborers on the same logs or lot of logs, the claims for work and labor done or performed on the identical logs proceeded against to the extent that said logs can be identified shall be preferred as against the general claims of liens for work and labor recognized and provided for in this part.
Mont. Code Ann. § 71-3-904 — MT Code / Title 71 / Chapter 3 / Part 9 / Section 71-3-904
71-3-904 Priority
Status: in_force

71-3-904 . Priority. The lien for labor or services performed or material furnished as specified in this part shall be prior to and have precedence over any mortgage, encumbrance, or other lien upon said grain or crops, except the lien for seed, hail insurance, threshing, labor, and warehouse services furnished for the purpose of growing or handling the particular grain or crops.
Mont. Code Ann. § 71-3-1505 — MT Code / Title 71 / Chapter 3 / Part 15 / Section 71-3-1505
71-3-1505 Lien for rental on frozen food compartments
Status: in_force

71-3-1505 . Lien for rental on frozen food compartments. A person who operates a frozen food plant that offers individual compartments to the public has a lien on the property in the person's possession for rentals or other charges due. Liens may be foreclosed in the same way provided for chattel mortgages.
Mont. Code Ann. § 71-3-205 — MT Code / Title 71 / Chapter 3 / Part 2 / Section 71-3-205
71-3-205 Duties of filing officer
Status: in_force

71-3-205 . Duties of filing officer. (1) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (2) is presented to the filing officer and:

(a) the filing officer is the secretary of state, the notice must be marked, held, and indexed in accordance with the provisions of 30-9A-519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code; or

(b) the filing officer is any other officer described in 71-3-204 , the filing officer shall endorse on the document the filing officer's identification and the date and time of receipt and file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien, and the total amount appearing on the notice of lien.

(2) If a certificate of release, nonattachment, discharge, or subordination of any lien is presented to the secretary of state for filing, the secretary of state shall:

(a) cause a certificate of release or nonattachment to be marked, held, and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, except that the notice of lien to which the certificate relates may not be removed from the files; and

(b) cause a certificate of discharge or subordination to be held, marked, and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.

(3) If a refiled notice of federal lien referred to in subsection (1) or any of the certificates or notices referred to in subsection (2) is presented for filing with any other filing officer specified in 71-3-204 , the filing officer shall permanently attach the refiled notice or the certificate to the original notice of lien and shall enter the refiled notice or the certificate, with the date of filing, in any alphabetical lien index on the line where the original notice of lien is entered.

(4) Upon request of any person, the filing officer shall issue a certificate showing whether there is on file, on the date and hour stated in the certificate, any notice of lien or certificate or notice affecting the lien, filed on or after July 1, 1967, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate.
Mont. Code Ann. § 71-2-103 — MT Code / Title 71 / Chapter 2 / Part 1 / Section 71-2-103
71-2-103 Delivery required
Status: in_force

71-2-103 . Delivery required. The lien of a pledge is dependent on possession, and no pledge is valid until the property pledged is delivered to the pledgee or to a pledge holder, as hereafter prescribed.
Mont. Code Ann. § 71-1-114 — MT Code / Title 71 / Chapter 1 / Part 1 / Section 71-1-114
71-1-114 Exception to limitation
Status: in_force

71-1-114 . Exception to limitation. If the borrower desires, the lending institution and borrower may enter into a written contract in which they agree that the funds on reserve exceed 110% of the reasonable amount needed to pay such expenses.
Mont. Code Ann. § 71-3-1112 — MT Code / Title 71 / Chapter 3 / Part 11 / Section 71-3-1112
71-3-1112 Purpose
Status: in_force

71-3-1112 . Purpose. The purpose of this part is to establish lien rights for physicians, nurses, physical therapists, occupational therapists, acupuncturists, chiropractors, dentists, hospitals, optometrists, naturopathic physicians, podiatrists, ambulance services, rehabilitation facilities, long-term care facilities, and outpatient centers for surgical services for the value of services rendered and products provided for the diagnosis and treatment of medical conditions and to establish lien rights for psychologists, licensed social workers, and licensed professional counselors for services rendered and products provided when a person receiving treatment:

(1) is injured through the fault or neglect of another; or

(2) is either insured or a beneficiary under insurance.
Mont. Code Ann. § 71-3-1602 — MT Code / Title 71 / Chapter 3 / Part 16 / Section 71-3-1602
71-3-1602 Definitions
Status: in_force

71-3-1602 . Definitions. As used in this part, the following definitions apply:

(1) "First purchaser" means the first person who under contract purchases oil or gas from an interest owner at or after the time the oil or gas is severed.

(2) "Interest owner" means a person:

(a) who owns an entire or a fractional interest of any kind or nature in the oil or gas at the time it is severed; or

(b) who has a right, either express or implied, to receive a monetary payment determined by the value of the severed oil or gas.

(3) "Leasehold" means a tenant's leasehold interest, as defined in 30-2A-103 , in property on which the oil or gas well is located.

(4) "Operator" means any person engaged in the severance of oil or gas on the operator's own behalf, on behalf of the operator and other persons, or on behalf of other persons.

(5) "Person" means any individual, executor, administrator, agent, trustee, or receiver or an estate, institution, business trust, trust of any other kind, firm, corporation, partnership, cooperative, limited liability company, limited liability partnership, sole proprietorship, government agency, association, or any other group acting as a unit.

(6) "Purchaser" means a person who under contract purchases oil or gas from a first purchaser.

(7) "Severed" or "severance" means the taking, extraction, or production from the leasehold of oil or gas in any manner.
Mont. Code Ann. § 71-3-116 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-116
71-3-116 Redemption
Status: in_force

71-3-116 . Redemption. Redemption from a lien is made by performing or offering to perform the act for the performance of which it is a security and paying or offering to pay the damages, if any, to which the holder of the lien is entitled for delay.
Mont. Code Ann. § 71-1-115 — MT Code / Title 71 / Chapter 1 / Part 1 / Section 71-1-115
71-1-115 Record of reserve fund required
Status: in_force

71-1-115 . Record of reserve fund required. Every lending institution shall keep an itemized record of each payment entered into the reserve fund and each disbursement withdrawn from the reserve fund. The lending institution shall annually mail a statement of total receipts and disbursements to each borrower under a mortgage or trust indenture of real property.
Mont. Code Ann. § 71-3-1214 — MT Code / Title 71 / Chapter 3 / Part 12 / Section 71-3-1214
71-3-1214 Lien not lost by fraudulent taking of property
Status: in_force

71-3-1214 . Lien not lost by fraudulent taking of property . (1) The forcible or fraudulent taking of stock from the person holding an agister's lien pursuant to 71-3-1211 through 71-3-1214 does not extinguish the lien.

(2) The person holding the agister's lien may recover possession of the stock by proper action instituted in court against any person possessing the stock.
Mont. Code Ann. § 71-3-1205 — MT Code / Title 71 / Chapter 3 / Part 12 / Section 71-3-1205
71-3-1205 Definition
Status: in_force

71-3-1205 . Definition. For the purposes of this part, "reproductive technology business" means a business that collects, processes, packages, and stores embryos or semen from animals or provides breeding services for compensation.
Mont. Code Ann. § 71-3-807 — MT Code / Title 71 / Chapter 3 / Part 8 / Section 71-3-807
71-3-807 Limitations of actions
Status: in_force

71-3-807 . Limitations of actions. All actions for the foreclosure and enforcement of the lien herein provided for must be commenced within 6 months from the filing of the lien.
Mont. Code Ann. § 71-3-607 — MT Code / Title 71 / Chapter 3 / Part 6 / Section 71-3-607
71-3-607 Immaterial defects in claim
Status: in_force

71-3-607 . Immaterial defects in claim. No mistake or error in the statement of the demand or of the amount of credits and offsets allowed or of the balance asserted to be due to claimant or in the description of the property against which the claim is filed shall invalidate the lien unless the court finds that such mistake or error in the statement of the demand, credits and offsets, or of the balance due was made with intent to defraud or the court shall find that an innocent third party without notice, actual or constructive, has, since the claim was filed, become a bona fide owner of the property subject to the lien and that the notice of claim was so deficient that it did not put the party upon further inquiry in any manner.
Mont. Code Ann. § 71-1-102 — MT Code / Title 71 / Chapter 1 / Part 1 / Section 71-1-102
71-1-102 Power of attorney to execute
Status: in_force

71-1-102 . Power of attorney to execute. A power of attorney to execute a mortgage must be in writing, subscribed, acknowledged or proved, certified, and recorded in like manner as powers of attorney for grants of real property.
Mont. Code Ann. § 71-3-711 — MT Code / Title 71 / Chapter 3 / Part 7 / Section 71-3-711
71-3-711 Lien for hail insurance
Status: in_force

71-3-711 . Lien for hail insurance. Any person, company, association, or corporation which shall furnish to another hail insurance for the purpose of protecting the party's crop from damage by hail during the hail season of the then-growing or seeded crop, whether the crop be on the land owned or contracted to be purchased, used, leased, occupied, or rented by the insured or held under government entry, shall, upon filing the statement provided for in 71-3-712 , have a lien, subject to any seed lien that may then or thereafter be placed on record against the crop, for the amount due the person, company, association, or corporation furnishing the hail insurance from the insured so protected, whether it be on a note given, open account, or assessment, due or to become due, for the current year's protection, upon the crop produced on the land so protected or any part thereof and upon the seed or grain threshed from such crop to secure the payment of the amount due or the assessment levied against the insured for the insurance provided.
Mont. Code Ann. § 71-3-1603 — MT Code / Title 71 / Chapter 3 / Part 16 / Section 71-3-1603
71-3-1603 Extent of lien -- dispute resolution -- notice -- buyer in ordinary course of business
Status: in_force

71-3-1603 . Extent of lien -- dispute resolution -- notice -- buyer in ordinary course of business. (1) To secure payment from the sale of oil or gas, an interest owner, subject to 71-3-1606 (2) and subsection (4) of this section, has a continuing security interest in and the right to a lien upon the severed oil or gas or the proceeds from the sale of severed oil or gas to the extent of the interest owner's interest until the purchase price has been paid to the interest owner.

(2) If there is a bona fide dispute about the amount due to the interest owner, the security interest and lien do not accrue if the person holding the proceeds upon which the interest owner's security interest and lien are based makes a good faith determination of the amount of payment due to the interest owner and pays the interest owner that amount.

(3) (a) To have effect, a security interest or lien claimed under this part must be perfected as provided in 71-3-1605 , and a copy of the notice of the lien, as provided in 71-3-1605 , must be provided by an interest owner claiming the security interest or lien to other interest owners, if any, and to the operator, first purchaser, or purchaser by registered or certified mail.

(b) A security interest or lien is not valid under this part unless the provisions in subsection (3)(a) have been met.

(4) (a) A buyer in the ordinary course of business, as described in Title 30, chapter 9A, and subsection (4)(b), is entitled to the severed oil or gas free of the security interest and a lien filed by the interest owner under this part.

(b) A buyer in the ordinary course of business is:

(i) a first purchaser or purchaser who has paid the purchase price for severed oil or gas to the interest owner; or

(ii) a person who pays the purchase price for severed oil or gas to a person authorized to receive payment on behalf of an interest owner.

(c) The property of the first purchaser or purchaser described under subsection (4)(b)(ii) also is free from and not subject to a security interest or lien granted to an interest owner under this part.
Mont. Code Ann. § 71-3-1011 — MT Code / Title 71 / Chapter 3 / Part 10 / Section 71-3-1011
71-3-1011 Notice to purchaser of oil and gas
Status: in_force

71-3-1011 . Notice to purchaser of oil and gas. (1) Any lien claimed under this part that extends to oil or gas or the proceeds of the sale of oil or gas is subject to the provisions of Title 71, chapter 3, part 16, and must meet the requirements of subsection (2) before taking effect.

(2) (a) Written notice of a claim must be delivered to a purchaser at the purchaser's residence or principal place of business. A notice must state the name of the claimant, the claimant's address, the amount for which the lien is claimed, and a description of the interest upon which the lien is claimed. The notice must be delivered personally to the purchaser or by certified letter deposited in the United States mail.

(b) Until the notice is delivered as provided in subsection (2)(a), a purchaser is not liable to the claimant for any oil or gas produced upon which the lien is claimed or money from the sale of proceeds of the oil or gas upon which the lien is claimed. A purchaser shall withhold payments for oil or gas to the extent of the lien amount being claimed until delivery of notice in writing that the claim has been paid.
Mont. Code Ann. § 71-1-231 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-231
71-1-231 Redemption by multiple mortgagors
Status: in_force

71-1-231 . Redemption by multiple mortgagors. If there is more than one mortgagor or more than one person claiming under a mortgagor, some of whom are not entitled to maintain an action under the provisions of 71-1-230 or Title 27, chapter 2, any one of them who is entitled to maintain an action may redeem in the action a divided or undivided part of the mortgaged premises as the person's interest appears, and have an accounting for a part of the rents and profits proportionate to the person's interest in the mortgaged premises on payment of a part of the mortgage money bearing the same proportion to the whole of the money as the value of person's divided or undivided interest in the premises bears to the whole of the premises.
Mont. Code Ann. § 71-1-201 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-201
71-1-201 What real property may be mortgaged -- debts secured
Status: in_force

71-1-201 . What real property may be mortgaged -- debts secured. Any interest in real property which is capable of being transferred may be mortgaged. Such property or interest may be mortgaged to secure existing debts, to secure debts created simultaneously with the execution of the mortgage, and to secure advances then in contemplation but to be made in the future.
Mont. Code Ann. § 71-1-224 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-224
71-1-224 Sale -- notice
Status: in_force

71-1-224 . Sale -- notice. Real estate sold under a power of sale given and contained in a mortgage of real estate, except in a trust indenture as defined in the Small Tract Financing Act of Montana, shall be advertised for sale at least 30 days before the date fixed for such sale, in a newspaper in the county in which such real estate is situated, and in case there is no newspaper printed and published in said county, then by posting notices in at least five conspicuous places in said county, one of which notices must be posted on the land so advertised for sale. Two other notices must be posted in conspicuous places in the township in which said land is situated, one in such conspicuous place in said county as will be most likely to give notice to all persons interested in said sale, and one of said notices must be posted in a conspicuous place at the front door of the county courthouse of the county in which said land is located, and in addition to the publication or posting, as hereinbefore provided, notices of such sale must be served personally at least 30 days before the date fixed for such sale upon the occupant of the property so advertised for sale and upon the mortgagor if within the state of Montana and upon every person or persons having or claiming an interest of record in the real estate so advertised for sale who may be found within the state of Montana.
Mont. Code Ann. § 71-3-1012 — MT Code / Title 71 / Chapter 3 / Part 10 / Section 71-3-1012
71-3-1012 Effect on interest which is less than fee interest
Status: in_force

71-3-1012 . Effect on interest which is less than fee interest. If a lien provided for in this part attaches to an estate less than the fee, forfeiture of such estate shall not impair any lien as to material, appurtenances, and fixtures located thereon and to which said lien has attached prior to forfeiture. If a lien provided for in this part attaches to an equitable interest or to a legal interest contingent upon the happening of a condition subsequent, failure of such interest to ripen into legal title or such condition subsequent to be fulfilled shall not impair any lien as to material, appurtenances, and fixtures located thereon and to which said lien attached prior to such failure.
Mont. Code Ann. § 71-3-1401 — MT Code / Title 71 / Chapter 3 / Part 14 / Section 71-3-1401
71-3-1401 Lien of hotelkeepers
Status: in_force

71-3-1401 . Lien of hotelkeepers. Hotelkeepers and boardinghouse and lodginghouse keepers have a lien upon the baggage and other property of value brought into the hotel, inn, boardinghouse, or lodginghouse by a guest, boarder, or lodger for the guest's, boarder's, or lodger's accommodation, board, or lodging and room rent and extras that are furnished at the guest's, boarder's, or lodger's request, with the right of the possession of the baggage or other property of value until all charges are paid. This section may not be construed to give a lien upon property sold on the installment plan, title to which is to remain in the vendor until final payment.
Mont. Code Ann. § 71-3-1115 — MT Code / Title 71 / Chapter 3 / Part 11 / Section 71-3-1115
71-3-1115 Notice of lien
Status: in_force

71-3-1115 . Notice of lien. (1) A physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, psychologist, licensed social worker, licensed professional counselor, hospital, optometrist, naturopathic physician, podiatrist, ambulance service, rehabilitation facility, long-term care facility, or outpatient center for surgical services claiming a lien shall serve written notice upon the person and upon the insurer, if any, against whom liability for injury, disease, counseling service, or death is asserted, stating the nature of the services, for whom and when rendered, the value of the services, and that a lien is claimed.

(2) A physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, psychologist, licensed social worker, licensed professional counselor, hospital, optometrist, naturopathic physician, podiatrist, ambulance service, rehabilitation facility, long-term care facility, or outpatient center for surgical services claiming a lien upon proceeds or payments payable by an insurer shall serve written notice upon the insurer against whom the lien is asserted, stating the nature of the services, for whom and when rendered, the value of the services, and that a lien is claimed.
Mont. Code Ann. § 71-1-229 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-229
71-1-229 Possession of land prior to foreclosure upon default and during period of redemption
Status: in_force

71-1-229 . Possession of land prior to foreclosure upon default and during period of redemption. The purchaser of land at mortgage foreclosure is not entitled to the possession of the land as against the execution debtor during the period of redemption allowed by law while the execution debtor personally occupies the land as a home for the execution debtor and the debtor's family. It is unlawful to insert in any mortgage of real estate any provision intended to constitute a waiver by the owner of real estate personally occupying land as a home for the owner and the owner's family of the provision of this section or any provision intended to give the mortgagee possession of the land or premises prior to foreclosure upon default of tax, principal, or interest payments. The intention of this section is to ensure to the owner the possession of the land prior to foreclosure and during the year of redemption.
Mont. Code Ann. § 71-3-562 — MT Code / Title 71 / Chapter 3 / Part 5 / Section 71-3-562
71-3-562 Limitation on actions
Status: in_force

71-3-562 . Limitation on actions. All actions under this part must be commenced within 2 years from the date of the filing of the lien.
Mont. Code Ann. § 71-3-113 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-113
71-3-113 Priority of liens
Status: in_force

71-3-113 . Priority of liens. Other things being equal, different liens upon the same property have priority according to the time of their creation.
Mont. Code Ann. § 71-3-1604 — MT Code / Title 71 / Chapter 3 / Part 16 / Section 71-3-1604
71-3-1604 Validity of lien -- transferability
Status: in_force

71-3-1604 . Validity of lien -- transferability. (1) The security interest and lien granted to an interest owner under this part are not dependent on the interest owner's or operator's possession of the severed oil or gas.

(2) A change or transfer of the actual or constructive possession of or title to the severed oil or gas from an interest owner or an operator to a first purchaser or purchaser does not void or impair the security interest or lien.
Mont. Code Ann. § 71-3-606 — MT Code / Title 71 / Chapter 3 / Part 6 / Section 71-3-606
71-3-606 Claim for lien of landowner same
Status: in_force

71-3-606 . Claim for lien of landowner same. Every person mentioned in 71-3-601 (4) claiming the benefit must file for record with the county clerk of the county in which such sawlogs, piling, railroad ties, cordwood, or other timber were cut a claim in substance the same as provided in 71-3-605 and verified as therein provided.
Mont. Code Ann. § 71-3-907 — MT Code / Title 71 / Chapter 3 / Part 9 / Section 71-3-907
71-3-907 Limitations of actions
Status: in_force

71-3-907 . Limitations of actions. All actions for the foreclosure and enforcement of the lien herein provided for must be commenced within 1 year from the day of the filing of the lien.
Mont. Code Ann. § 71-3-1114 — MT Code / Title 71 / Chapter 3 / Part 11 / Section 71-3-1114
71-3-1114 Liens of certain health care providers and health care facilities
Status: in_force

71-3-1114 . Liens of certain health care providers and health care facilities. (1) (a) Upon the required notice of a lien being given, there is a lien as provided in subsection (1)(b) whenever:

(i) a physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, hospital, outpatient center for surgical services, optometrist, naturopathic physician, podiatrist, rehabilitation facility, long-term care facility, or ambulance service renders services or provides products for the diagnosis and treatment of a medical condition; or

(ii) a psychologist, licensed social worker, or licensed professional counselor renders services or provides products; and

(iii) the services rendered or products provided under subsection (1)(a)(i) or (1)(a)(ii) are rendered or provided to a person injured through the fault or neglect of another.

(b) The physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, hospital, outpatient center for surgical services, ambulance service, optometrist, naturopathic physician, podiatrist, rehabilitation facility, long-term care facility, psychologist, licensed social worker, or licensed professional counselor has a lien for the value of services rendered or products provided on:

(i) any claim or cause of action that the injured person or the injured person's estate or successors may have for injury, disease, or death;

(ii) any judgment that the injured person or the estate or successors may obtain for injury, disease, or death; and

(iii) all money paid in satisfaction of the judgment or in settlement of the claim or cause of action.

(2) (a) If a person is an insured or a beneficiary under insurance that provides coverage in the event of injury or disease, there is a lien as provided in subsection (2)(b) upon required notice of a lien being given by:

(i) a physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, hospital, outpatient center for surgical services, optometrist, naturopathic physician, podiatrist, rehabilitation facility, long-term care facility, or ambulance service for the value of services rendered or products provided for the diagnosis and treatment of a medical condition; or

(ii) a psychologist, licensed social worker, or licensed professional counselor for services rendered or products provided.

(b) The lien is on all proceeds or payments, except payments for property damage, payable by the insurer.

(3) A physician, nurse, physical therapist, occupational therapist, acupuncturist, chiropractor, dentist, hospital, outpatient center for surgical services, ambulance service, optometrist, naturopathic physician, podiatrist, rehabilitation facility, long-term care facility, psychologist, licensed social worker, or licensed professional counselor claiming a lien under this part is not liable for attorney fees and costs incurred by the injured person, the injured person's estate or successors, or a beneficiary in connection with obtaining payments or benefits subject to a lien under this part. The lien of an attorney provided for in 37-61-420 has priority over a lien created by this part.
Mont. Code Ann. § 71-3-131 — MT Code / Title 71 / Chapter 3 / Part 1 / Section 71-3-131
71-3-131 Acknowledgment of lien satisfaction -- penalty
Status: in_force

71-3-131 . Acknowledgment of lien satisfaction -- penalty. (1) Subject to subsection (2), when a lien authorized under this chapter is paid and satisfied or the claim upon which it is based has been found invalid by final order or judgment of a court of competent jurisdiction, the creditors shall acknowledge satisfaction within 30 days and discharge the lien of record by filing a release of the lien in the office of the county clerk and recorder in each county in which the notice of lien was filed. If any creditor fails to acknowledge satisfaction, the creditor is liable to any person injured by the failure for a civil penalty of $100, plus any other damages provided by law.

(2) If the owner of the property against which a lien is filed pays the underlying claim before an action is filed on that claim or to foreclose the lien, the owner of the property against which the lien was filed shall pay the lienholder's costs and attorney fees incurred for filing and recording the lien before the lien may be released.
Mont. Code Ann. § 71-2-105 — MT Code / Title 71 / Chapter 2 / Part 1 / Section 71-2-105
71-2-105 Gratuitous pledge holder
Status: in_force

71-2-105 . Gratuitous pledge holder. A gratuitous pledge holder assumes the duties and liabilities of a gratuitous depositary.
Mont. Code Ann. § 71-3-402 — MT Code / Title 71 / Chapter 3 / Part 4 / Section 71-3-402
71-3-402 How lien obtained
Status: in_force

71-3-402 . How lien obtained. In order to acquire a lien, as specified in 71-3-401 , the person performing services shall, within 30 days after the services are fully performed, file in the office of the secretary of state a statement of agricultural lien, as provided in 71-3-125 , and the address to which notice must be directed as required by 71-3-404 .
Mont. Code Ann. § 71-3-1403 — MT Code / Title 71 / Chapter 3 / Part 14 / Section 71-3-1403
71-3-1403 Notice of sale
Status: in_force

71-3-1403 . Notice of sale. Before proceeding to the sale of the property of any guest, as provided in 71-3-1402 , the hotelkeeper or innkeeper shall cause a notice of the sale, containing a description of the property to be sold and the time and place where the property will be sold, to be published once each week for 2 successive weeks in a newspaper published in the city or town in which the hotel or inn is situated or, if a newspaper is not published in the city or town, in a newspaper published nearest to the city or town. If any balance arising from the sale is not claimed by the rightful owner within 30 days from the day of the sale, the balance must be paid into the treasury of the county in which the sale took place. If the balance is not claimed by the owner or the owner's legal representatives within 1 year, the balance must be paid into the school fund of the county.
Mont. Code Ann. § 71-1-310 — MT Code / Title 71 / Chapter 1 / Part 3 / Section 71-1-310
71-1-310 Liability of title insurer or title insurance producer
Status: in_force

71-1-310 . Liability of title insurer or title insurance producer. A title insurer or title insurance producer who reconveys a trust indenture is liable to the beneficiary for damages suffered by the beneficiary as a result of the reconveyance if:

(1) the obligation secured by the trust indenture is not fully paid;

(2) the title insurer or title insurance producer failed to comply with the provisions of 71-1-308 ; or

(3) the title insurer or title insurance producer acted with gross negligence or in bad faith in reconveying the trust indenture.
Mont. Code Ann. § 71-1-209 — MT Code / Title 71 / Chapter 1 / Part 2 / Section 71-1-209
71-1-209 Recording defeasance necessary to affect grant
Status: in_force

71-1-209 . Recording defeasance necessary to affect grant. When a grant of real property purports to be an absolute conveyance but is intended to be defeasible on the performance of certain conditions, the grant is not defeated or affected as against any person other than the grantee or the grantee's heirs or devisees or persons having actual notice unless an instrument of defeasance, duly executed and acknowledged, has been recorded in the office of the county clerk of the county where the property is situated.