reglab/housing_qa huggingface dataset:
MT Code § 71-3-532 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-532. Content of notice of right to claim lien

  71-3-532. Content of notice of right to claim lien. (1) The notice of the right to claim a lien must be in writing and state that it is a notice of a right to claim a lien against real estate for services or materials furnished in connection with improvement of the real estate.   (2) The notice must contain a description sufficient to identify the real estate against which the lien may be claimed.   (3) The notice must contain the following information:   (a) date of mailing;   (b) owner's name;   (c) owner's address;   (d) name of person filing notice;   (e) address of person filing notice;   (f) a description sufficient to identify the property that is being improved; and   (g) the following notice:   NOTICE OF THE RIGHT TO CLAIM A LIEN   WARNING: READ THIS NOTICE. PROTECT YOURSELF FROM PAYING ANY CONTRACTOR OR SUPPLIER TWICE FOR THE SAME SERVICE. This is to inform you that .......... has begun to provide .......... (description of services or materials) ordered by .......... for improvements to property you own. The property is located at ......... . If ......... is not paid, a lien may be filed against the property. THIS IS NOT A LIEN. It is a notice sent to you for your protection in compliance with the construction lien laws of the state of Montana.   This notice has been sent to you by:   NAME: ..............   ADDRESS: ...........   TELEPHONE: .........   Under Montana's laws, those who work on your property or provide materials and are not paid have a right to enforce their claim for payment against your property. This claim is known as a construction lien.   If your contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who are owed money may look to your property for payment, even if you have paid your contractor in full.   The law states that all people hired by a contractor to provide you with services or materials are required to give you a notice of the right to claim a lien to let you know what they have provided.   WAYS TO PROTECT YOURSELF ARE:   -- RECOGNIZE that this notice of delivery of services or materials may result in a lien against your property unless all those supplying a notice of the right to lien have been paid.   -- LEARN more about the construction lien laws and the meaning of this notice by contacting an attorney or the firm sending this notice.   -- WHEN PAYING your contractor for services or materials, you may make checks payable jointly to the contractor and the firm furnishing services or materials for which you have received a notice of the right to claim a lien.   -- OBTAIN EVIDENCE that all firms from whom you have received a notice of the right to claim a lien have been paid or have waived the right to claim a lien against your property.   -- CONSULT an attorney, a professional escrow company, or your mortgage lender.   History: En. Sec. 8, Ch. 202, L. 1987; amd. Sec. 2, Ch. 484, L. 1991; amd. Sec. 2, Ch. 357, L. 1999.
MT Code § 71-3-533 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-533. Notice of completion

  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.   History: (1), (3) thru (5)En. Sec. 3, Ch. 408, L. 1971; Sec. 45-502.1, R.C.M. 1947; (2)En. Sec. 6, p. 333, Bannack Stat.; amd. Sec. 6, p. 510, Cod. Stat. 1871; amd. Sec. 1, p. 84, L. 1874; re-en. Sec. 825, 5th Div. Rev. Stat. 1879; amd. Sec. 1371, 5th Div. Comp. Stat. 1887; amd. Sec. 1, p. 71, Ex. L. 1887; amd. Sec. 2131, C. Civ. Proc. 1895; En. Sec. 1, p. 162, L. 1901; re-en. Sec. 7291, Rev. C. 1907; re-en. Sec. 8340, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1187; re-en. Sec. 8340, R.C.M. 1935; amd. Sec. 2, Ch. 408, L. 1971; Sec. 45-502, R.C.M. 1947; R.C.M. 1947, 45-502(3), 45-502.1; amd. Sec. 13, Ch. 202, L. 1987; Sec. 71-3-512, MCA 1985; redes. 71-3-533 by Code Commissioner, 1987; amd. Sec. 2277, Ch. 56, L. 2009.
MT Code § 71-3-534 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-534. Filing with county clerk -- notification of owner

  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.   History: En. Sec. 7, p. 333, Bannack Stat.; re-en. Sec. 7, p. 510, Cod. Stat. 1871; amd. Sec. 2, p. 84, L. 1874; re-en. Sec. 826, 5th Div. Rev. Stat. 1879; re-en. Sec. 1373, 5th Div. Comp. Stat. 1887; amd. Sec. 2132, C. Civ. Proc. 1895; re-en. Sec. 7292, Rev. C. 1907; re-en. Sec. 8341, R.C.M. 1921; re-en. Sec. 8341, R.C.M. 1935; R.C.M. 1947, 45-503; amd. Sec. 1, Ch. 515, L. 1981; Sec. 71-3-513, MCA 1985; redes. 71-3-534 by Code Commissioner, 1987; amd. Sec. 76, Ch. 130, L. 2005.
MT Code § 71-3-535 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-535. Attachment of lien -- filing

  71-3-535. Attachment of lien -- filing. (1) A person's lien does not attach and may not be enforced unless, after entering into the contract under which the lien arises, the person has filed a lien not later than 90 days after:   (a) the person's final furnishing of services or materials; or   (b) the owner files a notice of completion pursuant to 71-3-533.   (2) (a) The lien must be filed with the county clerk and recorder of the county in which the improved real estate is located, and the county clerk and recorder may allow the lien to be filed electronically.   (b) The person claiming the lien shall certify to the county clerk and recorder that a copy of the lien has been served on the owner of record as provided in 71-3-534(2).   (3) The lien statement must contain:   (a) the name and address of the person claiming the lien;   (b) a description of the real property against which the lien is claimed sufficient to identify it;   (c) the name of the contracting owner;   (d) the name and address of the party with whom the person claiming the lien contracted to furnish services or materials;   (e) a description of the services or materials provided;   (f) the amount unpaid for services or materials or, if no amount is fixed by the contract, a good faith estimate of the amount unpaid, designated as an estimate;   (g) (i) the date on which the services or materials were first furnished; and   (ii) the date on which the services or materials were last furnished; and   (h) a declaration that a notice of a right to claim a lien was given to the contracting owner or an explanation of why the notice was not required.   (4) A lien notice that is filed pursuant to this section before the person claiming the lien has substantially furnished services or materials pursuant to a real estate improvement contract is not effective to create a construction lien unless the lien claimant is prevented from fulfilling the lien claimant's obligation because of the fault of another person.   (5) Except as provided in subsection (6), a lien attaches at the commencement of work as defined in 71-3-522.   (6) A lien attaches when it is filed if it is for the preparation of plans, surveys, or architectural or engineering plans or drawings for any change in the physical condition of land or structures that are not used incident to producing a change in the physical condition of the real estate.   History: En. Sec. 9, Ch. 202, L. 1987; amd. Sec. 3, Ch. 357, L. 1999.
MT Code § 71-3-536 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-536. Content of lien notice

  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.)   History: En. Sec. 10, Ch. 202, L. 1987.
MT Code § 71-3-537 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-537. Acknowledgment of satisfaction of lien -- penalty

  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.   History: En. Sec. 841, 5th Div. Rev. Stat. 1879; re-en. Sec. 1385, 5th Div. Comp. Stat. 1887; amd. Sec. 2141, C. Civ. Proc. 1895; re-en. Sec. 7301, Rev. C. 1907; re-en. Sec. 8350, R.C.M. 1921; re-en. Sec. 8350, R.C.M. 1935; R.C.M. 1947, 45-512; Sec. 71-3-515, MCA 1985; redes. 71-3-537 by Code Commissioner, 1987; amd. Sec. 2278, Ch. 56, L. 2009.
MT Code § 71-3-538 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-538. Release of notice of right to claim lien

  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.   History: En. Sec. 2, Ch. 182, L. 2009.
MT Code § 71-3-539 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-539. and 71-3-540 reserved

  71-3-539 and 71-3-540 reserved.
MT Code § 71-3-541 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-541. Priority among holders of construction liens

  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.   History: En. Sec. 11, Ch. 202, L. 1987; amd. Sec. 2279, Ch. 56, L. 2009.
MT Code § 71-3-542 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-542. Priority of construction liens as against claims other than construction lien claims

  71-3-542. Priority of construction liens as against claims other than construction lien claims. (1) A construction lien arising under this part has priority over any other interest, lien, mortgage, or encumbrance that may attach to the building, structure, or improvement or on the real property on which the building, structure, or improvement is located and that is filed after the construction lien attaches.   (2) An interest, lien, mortgage, or encumbrance that is filed before the construction lien attaches has priority over a construction lien arising under this part, except as provided in subsections (3) and (4).   (3) A construction lien has priority, to the extent of the value of the work or improvement that is severable, over an interest, lien, mortgage, or encumbrance that is filed before the construction lien attaches. If the work or improvement may be removed without harm to the rest of the real property, the lienholder may have the value determined, the work or improvement sold separately on foreclosure, and the proceeds delivered to the lienholder to satisfy the construction lien.   (4) A construction lien has priority over any interest, lien, mortgage, or encumbrance that is filed before the construction lien attaches if that interest, lien, mortgage, or encumbrance was taken to secure advances made for the purpose of paying for the particular real estate improvement to which the lien was attached.   History: En. Sec. 12, Ch. 202, L. 1987; amd. Sec. 2280, Ch. 56, L. 2009.
MT Code § 71-3-543 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-543. through 71-3-550 reserved

  71-3-543 through 71-3-550 reserved.
MT Code § 71-3-551 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-551. Substitution of bond allowed -- filing -- amount -- condition

  71-3-551. Substitution of bond allowed -- filing -- amount -- condition. (1) Whenever a construction lien has been filed upon real property or any improvements on the real property, the contracting owner of any interest in the property, whether legal or beneficial, 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.   (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 upon the claim upon 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 upon the foreclosure of a construction lien against the principal.   History: En. Sec. 1, Ch. 338, L. 1971; R.C.M. 1947, 45-513; amd. Sec. 14, Ch. 202, L. 1987; Sec. 71-3-516, MCA 1985; redes. 71-3-551 by Code Commissioner, 1987; amd. Sec. 1, Ch. 204, L. 2007.
MT Code § 71-3-552 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-552. Lien discharged upon filing of bond

  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.   History: En. Sec. 2, Ch. 338, L. 1971; R.C.M. 1947, 45-514; Sec. 71-3-517, MCA 1985; redes. 71-3-552 by Code Commissioner, 1987.
MT Code § 71-3-553 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-553. Action upon bond -- period of limitation same

  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.   History: En. Sec. 3, Ch. 338, L. 1971; R.C.M. 1947, 45-515; Sec. 71-3-518, MCA 1985; redes. 71-3-553 by Code Commissioner, 1987; amd. Sec. 2, Ch. 204, L. 2007.
MT Code § 71-3-554 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-554. through 71-3-560 reserved

  71-3-554 through 71-3-560 reserved.
MT Code § 71-3-561 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-561. Parties

  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.   History: En. Sec. 2138, C. Civ. Proc. 1895; re-en. Sec. 7298, Rev. C. 1907; re-en. Sec. 8347, R.C.M. 1921; re-en. Sec. 8347, R.C.M. 1935; R.C.M. 1947, 45-509; Sec. 71-3-504, MCA 1985; redes. 71-3-561 by Code Commissioner, 1987.
MT Code § 71-3-562 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-562. Limitation on actions

  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.   History: En. Sec. 2139, C. Civ. Proc. 1895; re-en. Sec. 7299, Rev. C. 1907; amd. Sec. 1, Ch. 127, L. 1921; re-en. Sec. 8348, R.C.M. 1921; re-en. Sec. 8348, R.C.M. 1935; R.C.M. 1947, 45-510; Sec. 71-3-505, MCA 1985; redes. 71-3-562 by Code Commissioner, 1987.
MT Code § 71-3-563 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-563. Rules of practice

  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.   History: (1)En. Sec. 2136, C. Civ. Proc. 1895; re-en. Sec. 7296, Rev. C. 1907; re-en. Sec. 8345, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1198; re-en. Sec. 8345, R.C.M. 1935; Sec. 45-507, R.C.M. 1947; (2)En. Sec. 2137, C. Civ. Proc. 1895; re-en. Sec. 7297, Rev. C. 1907; re-en. Sec. 8346, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1199; re-en. Sec. 8346, R.C.M. 1935; Sec. 45-508, R.C.M. 1947; R.C.M. 1947, 45-507, 45-508; Sec. 71-3-519, MCA 1985; redes. 71-3-563 by Code Commissioner, 1987.
MT Code § 71-3-564 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 5. Construction Liens|71-3-564. Arbitration of lien disputes

  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.   History: En. Sec. 1, Ch. 152, L. 2013.