reglab/housing_qa huggingface dataset:
MT Code § 71-3-1212 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 12. Agisters' Liens and Liens for Service|71-3-1212. Priority

  71-3-1212. Priority. (1) An agister's lien created under 71-3-1211 does not take precedence over perfected security interests under the Uniform Commercial Code--Secured Transactions or other recorded liens on the stock involved unless, within 30 days from the time of receiving the stock, the person desiring to assert a lien upon the stock gives notice in writing to the secured party or other lienholder stating the intention to assert a lien on the stock under the terms of 71-3-1211 through 71-3-1214 and stating the nature and approximate amount of the work performed or feed furnished or other services furnished or intended to be performed or furnished.   (2) A new notice is not required for the offspring of the stock covered in the initial notice, but all other additional stock must be noticed separately.   (3) Service may be made either by personal service or by mailing a copy of the notice by certified mail to the secured party or other lienholder at the last-known post-office address. Service is considered complete upon the deposit of the notice in the post office.   (4) Within 20 days after the date of mailing or 10 days after personal service, the secured party or other lienholder or the secured party's or other lienholder's representative has the right to take possession of the stock upon payment of the amount of the lien. A failure on the part of the secured party or other lienholder to take possession of the stock constitutes a waiver of the priority of the security interest or other lien over the lien created by 71-3-1211 through 71-3-1214.   History: En. Sec. 2, Ch. 124, L. 2013.
MT Code § 71-3-1213 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 12. Agisters' Liens and Liens for Service|71-3-1213. Enforcement of agister's lien -- sale

  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.   History: En. Sec. 3, Ch. 124, L. 2013.
MT Code § 71-3-1214 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 12. Agisters' Liens and Liens for Service|71-3-1214. Lien not lost by fraudulent taking of property

  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.   History: En. Sec. 4, Ch. 124, L. 2013.
MT Code § 71-3-1301 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 13. Liens on Real Estate|71-3-1301. Lien of seller of real property -- waiver

  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.   History: (1)En. Sec. 3930, Civ. C. 1895; re-en. Sec. 5800, Rev. C. 1907; re-en. Sec. 8378, R.C.M. 1921; Cal. Civ. C. Sec. 3046; Field Civ. C. Sec. 1691; re-en. Sec. 8378, R.C.M. 1935; Sec. 45-1101, R.C.M. 1947; (2)En. Sec. 3931, Civ. C. 1895; re-en. Sec. 5801, Rev. C. 1907; re-en. Sec. 8379, R.C.M. 1921; Cal. Civ. C. Sec. 3047; Based on Field Civ. C. Sec. 1692; re-en. Sec. 8379, R.C.M. 1935; Sec. 45-1102, R.C.M. 1947; R.C.M. 1947, 45-1101, 45-1102; amd. Sec. 2297, Ch. 56, L. 2009.
MT Code § 71-3-1302 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 13. Liens on Real Estate|71-3-1302. Purchaser's lien on real property

  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.   History: En. Sec. 3934, Civ. C. 1895; re-en. Sec. 5804, Rev. C. 1907; re-en. Sec. 8382, R.C.M. 1921; Cal. Civ. C. Sec. 3050; Field Civ. C. Sec. 1695; re-en. Sec. 8382, R.C.M. 1935; R.C.M. 1947, 45-1105; amd. Sec. 2298, Ch. 56, L. 2009.
MT Code § 71-3-1303 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 13. Liens on Real Estate|71-3-1303. Extent of liens

  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.   History: En. Sec. 3932, Civ. C. 1895; re-en. Sec. 5802, Rev. C. 1907; re-en. Sec. 8380, R.C.M. 1921; Cal. Civ. C. Sec. 3048; Field Civ. C. Sec. 1693; re-en. Sec. 8380, R.C.M. 1935; R.C.M. 1947, 45-1103.
MT Code § 71-3-1401 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 14. Hotel Liens|71-3-1401. Lien of hotelkeepers

  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.   History: En. Sec. 2502, Civ. C. 1895; amd. Sec. 1, p. 132, L. 1899; re-en. Sec. 5166, Rev. C. 1907; re-en. Sec. 7675, R.C.M. 1921; Cal. Civ. C. Sec. 1861; re-en. Sec. 7675, R.C.M. 1935; R.C.M. 1947, 34-103; amd. Sec. 2299, Ch. 56, L. 2009.
MT Code § 71-3-1402 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 14. Hotel Liens|71-3-1402. Enforcement of lien

  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.   History: En. Sec. 2512, Civ. C. 1895; re-en. Sec. 5175, Rev. C. 1907; re-en. Sec. 7682, R.C.M. 1921; re-en. Sec. 7682, R.C.M. 1935; R.C.M. 1947, 34-110; amd. Sec. 2300, Ch. 56, L. 2009.
MT Code § 71-3-1403 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 14. Hotel Liens|71-3-1403. Notice of sale

  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.   History: En. Sec. 2513, Civ. C. 1895; re-en. Sec. 5176, Rev. C. 1907; re-en. Sec. 7683, R.C.M. 1921; re-en. Sec. 7683, R.C.M. 1935; R.C.M. 1947, 34-111; amd. Sec. 2301, Ch. 56, L. 2009.
MT Code § 71-3-1501 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 15. Miscellaneous Liens|71-3-1501. Lien of factor

  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.   History: En. Sec. 3936, Civ. C. 1895; re-en. Sec. 5806, Rev. C. 1907; re-en. Sec. 8387, R.C.M. 1921; Cal. Civ. C. Sec. 3053; Field Civ. C. Sec. 1697; re-en. Sec. 8387, R.C.M. 1935; R.C.M. 1947, 45-1110; amd. Sec. 2302, Ch. 56, L. 2009.
MT Code § 71-3-1502 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 15. Miscellaneous Liens|71-3-1502. Banker's lien

  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.   History: En. Sec. 3937, Civ. C. 1895; re-en. Sec. 5807, Rev. C. 1907; re-en. Sec. 8388, R.C.M. 1921; Cal. Civ. C. Sec. 3054; Field Civ. C. Sec. 1698; re-en. Sec. 8388, R.C.M. 1935; R.C.M. 1947, 45-1111; amd. Sec. 2303, Ch. 56, L. 2009.
MT Code § 71-3-1503 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 15. Miscellaneous Liens|71-3-1503. Officer's lien

  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.   History: En. Sec. 3940, Civ. C. 1895; re-en. Sec. 5810, Rev. C. 1907; re-en. Sec. 8391, R.C.M. 1921; Cal. Civ. C. Sec. 3057; Field Civ. C. Sec. 1701; re-en. Sec. 8391, R.C.M. 1935; R.C.M. 1947, 45-1114; amd. Sec. 2304, Ch. 56, L. 2009.
MT Code § 71-3-1504 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 15. Miscellaneous Liens|71-3-1504. Judgment lien

  71-3-1504. Judgment lien. The lien of a judgment is regulated by Title 25.   History: En. Sec. 3941, Civ. C. 1895; re-en. Sec. 5811, Rev. C. 1907; re-en. Sec. 8392, R.C.M. 1921; Cal. Civ. C. Sec. 3058; Field Civ. C. Sec. 1703; re-en. Sec. 8392, R.C.M. 1935; R.C.M. 1947, 45-1115.
MT Code § 71-3-1505 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 15. Miscellaneous Liens|71-3-1505. Lien for rental on frozen food compartments

  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.   History: En. Sec. 13, Ch. 17, L. 1967; R.C.M. 1947, 27-623; amd. Sec. 2305, Ch. 56, L. 2009.
MT Code § 71-3-1506 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 15. Miscellaneous Liens|71-3-1506. Tax deficiency lien

  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).   History: En. Sec. 5, Ch. 545, L. 2005.
MT Code § 71-3-1601 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 16. Oil and Gas Owners' Lien|71-3-1601. Short title

  71-3-1601. Short title. This part may be cited as the "Montana Oil and Gas Owners' Lien Act".   History: En. Sec. 1, Ch. 367, L. 2009.
MT Code § 71-3-1602 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 16. Oil and Gas Owners' Lien|71-3-1602. Definitions

  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.   History: En. Sec. 2, Ch. 367, L. 2009.
MT Code § 71-3-1603 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 16. Oil and Gas Owners' Lien|71-3-1603. Extent of lien -- dispute resolution -- notice -- buyer in ordinary course of business

  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.   History: En. Sec. 3, Ch. 367, L. 2009.
MT Code § 71-3-1604 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 16. Oil and Gas Owners' Lien|71-3-1604. Validity of lien -- transferability

  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.   History: En. Sec. 4, Ch. 367, L. 2009.
MT Code § 71-3-1606 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 16. Oil and Gas Owners' Lien|71-3-1606. Rights of first purchasers

  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.   History: En. Sec. 6, Ch. 367, L. 2009.
MT Code § 71-3-1607 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 3. Liens|Part 16. Oil and Gas Owners' Lien|71-3-1607. Expiration of lien -- enforcement -- consolidation -- costs -- personal actions -- other rights and remedies

  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.   History: En. Sec. 7, Ch. 367, L. 2009.