reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 1. General Provisions › 71-3-131. Acknowledgment of lien satisfaction -- penalty

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.
History: En. Sec. 1, Ch. 525, L. 1985; amd. Sec. 2, Ch. 240, L. 1999.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 2. Federal Tax Liens › 71-3-201. Short title

71-3-201. Short title.
This part may be cited as the "Uniform Federal Lien Registration Act".
History: En. Sec. 6, Ch. 228, L. 1967; R.C.M. 1947, 45-1506; amd. Sec. 1, Ch. 396, L. 1983.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 2. Federal Tax Liens › 71-3-202. Uniformity of interpretation

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.
History: En. Sec. 5, Ch. 228, L. 1967; R.C.M. 1947, 45-1505.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 2. Federal Tax Liens › 71-3-203. Execution of notices and certificates

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.
History: En. Sec. 2, Ch. 228, L. 1967; R.C.M. 1947, 45-1502; amd. Sec. 2, Ch. 396, L. 1983; amd. Sec. 2266, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 2. Federal Tax Liens › 71-3-204. Federal liens -- place of filing

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.
History: En. Sec. 1, Ch. 228, L. 1967; R.C.M. 1947, 45-1501; amd. Sec. 3, Ch. 396, L. 1983.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 2. Federal Tax Liens › 71-3-205. Duties of filing officer

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.
History: En. Sec. 3, Ch. 228, L. 1967; R.C.M. 1947, 45-1503; amd. Sec. 4, Ch. 396, L. 1983; amd. Sec. 3, Ch. 156, L. 1987; amd. Sec. 154, Ch. 305, L. 1999.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 2. Federal Tax Liens › 71-3-206. Fees

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.
History: En. Sec. 4, Ch. 228, L. 1967; R.C.M. 1947, 45-1504; amd. Sec. 5, Ch. 396, L. 1983; amd. Sec. 4, Ch. 156, L. 1987; amd. Sec. 74, Ch. 83, L. 1989; amd. Sec. 21, Ch. 420, L. 1993; amd. Sec. 155, Ch. 305, L. 1999.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 2. Federal Tax Liens › 71-3-207. Prior filings of tax liens and notices

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.
History: En. Sec. 9, Ch. 228, L. 1967; R.C.M. 1947, 45-1507.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 3. Liens for Salaries and Wages › 71-3-301. Priority when assignment of property made

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.
History: En. Sec. 2050, 5th Div. Comp. Stat. 1887; amd. Sec. 2150, C. Civ. Proc. 1895; re-en. Sec. 7302, Rev. C. 1907; re-en. Sec. 8351, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1204; re-en. Sec. 8351, R.C.M. 1935; amd. Sec. 1, Ch. 109, L. 1943; R.C.M. 1947, 45-601; amd. Sec. 2267, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 3. Liens for Salaries and Wages › 71-3-302. Priority in case of death of employer

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.
History: En. Sec. 2051, 5th Div. Comp. Stat. 1887; re-en. Sec. 2151, C. Civ. Proc. 1895; re-en. Sec. 7303, Rev. C. 1907; re-en. Sec. 8353, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1205; re-en. Sec. 8353, R.C.M. 1935; amd. Sec. 2, Ch. 109, L. 1943; amd. Sec. 3, Ch. 263,L. 1975; amd. Sec. 25, Ch. 535, L. 1975; R.C.M. 1947, 45-603; amd. Sec. 131, Ch. 370, L. 1987; amd. Sec. 17, Ch. 482, L. 1997.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 3. Liens for Salaries and Wages › 71-3-303. Priority in cases of execution or attachment

71-3-303. Priority in cases of execution or attachment.
In case of executions, attachments, and writs of similar nature issued against any person, except for claims for labor done, any miners, mechanics, salespersons, servants, clerks, or laborers who have claims against the defendant for labor done may give notice of their claims and the amount of their claims, sworn to by the person making the claim, to the parties plaintiff and defendant to the action in which the execution, attachment, or other writ has been issued and upon the officer executing the attachment or writ. Service of notice required by this section may be made upon the officer charged with the execution of the writ in one or more cases that may be pending against the person, who shall serve a copy of the notice and claim upon the parties plaintiff and defendant if they are found in the county where the action is pending or upon their respective attorneys employed in the case or cases pending.
History: En. Sec. 2052, 5th Div. Comp. Stat. 1887; re-en. Sec. 2152, C. Civ. Proc. 1895; re-en. Sec. 7304, Rev. C. 1907; re-en. Sec. 8354, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1206; re-en. Sec. 8354, R.C.M. 1935; R.C.M. 1947, 45-604; amd. Sec. 2268, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 3. Liens for Salaries and Wages › 71-3-304. Service of notice

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.
History: En. 2052, 5th Div. Comp. Stat. 1887; amd. Sec. 2153, C. Civ. Proc. 1895; re-en. Sec. 7305, Rev. C. 1907; re-en. Sec. 8355, R.C.M. 1921; re-en. Sec. 8355, R.C.M. 1935; amd. Sec. 3, Ch. 109, L. 1943; R.C.M. 1947, 45-605(part); amd. Sec. 2269, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 3. Liens for Salaries and Wages › 71-3-305. Proceeding if claim disputed

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.
History: (1)En. 2052, 5th Div. Comp. Stat. 1887; amd. Sec. 2153, C. Civ. Proc. 1895; re-en. Sec. 7305, Rev. C. 1907; re-en. Sec. 8355, R.C.M. 1921; re-en. Sec. 8355, R.C.M. 1935; amd. Sec. 3, Ch. 109, L. 1943; Sec. 45-605, R.C.M. 1947; (2), (3)En. Sec. 2053, 5th Div. Comp. Stat. 1887; re-en. Sec. 2154, C. Civ. Proc. 1895; re-en. Sec. 7306, Rev. C. 1907; re-en. Sec. 8356, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1207; re-en. Sec. 8356, R.C.M. 1935; amd. Sec. 4, Ch. 109, L. 1943; Sec. 45-606, R.C.M. 1947; R.C.M. 1947, 45-605(part), 45-606; amd. Sec. 2270, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 3. Liens for Salaries and Wages › 71-3-306. Preferred claims -- no dismissal of original action without consent

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.
History: En. Sec. 2155, C. Civ. Proc. 1895; re-en. Sec. 7307, Rev. C. 1907; re-en. Sec. 8357, R.C.M. 1921; re-en. Sec. 8357, R.C.M. 1935; R.C.M. 1947, 45-607.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 3. Liens for Salaries and Wages › 71-3-307. Liens not affected prior to four months of claim

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.
History: En. Sec. 2054, 5th Div. Comp. Stat. 1887; re-en. Sec. 2156, C. Civ. Proc. 1895; re-en. Sec. 7308, Rev. C. 1907; re-en. Sec. 8358, R.C.M. 1921; re-en. Sec. 8358, R.C.M. 1935; amd. Sec. 5, Ch. 109, L. 1943; R.C.M. 1947, 45-608.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 4. Farm Laborers' Liens › 71-3-401. Who may have lien -- priority

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.
History: En. Secs. 1, 4, Ch. 196, L. 1935; re-en. Secs. 8374.1, 8374.4, R.C.M. 1935; R.C.M. 1947, 45-901, 45-904; amd. Sec. 3, Ch. 11, L. 1979; amd. Sec. 2271, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 4. Farm Laborers' Liens › 71-3-402. How lien obtained

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.
History: En. Sec. 2, Ch. 196, L. 1935; re-en. Sec. 8374.2, R.C.M. 1935; R.C.M. 1947, 45-902; amd. Sec. 2, Ch. 295, L. 1987; amd. Sec. 2, Ch. 529, L. 1989.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 4. Farm Laborers' Liens › 71-3-403. Repealed

71-3-403. Repealed.
Sec. 8, Ch. 529, L. 1989.
History: En. Sec. 3, Ch. 196, L. 1935; re-en. Sec. 8374.3, R.C.M. 1935; R.C.M. 1947, 45-903; amd. Sec. 1, Ch. 172, L. 1981.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 4. Farm Laborers' Liens › 71-3-404. Notice to other lienholders

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.
History: En. Sec. 5, Ch. 196, L. 1935; re-en. Sec. 8374.5, R.C.M. 1935; R.C.M. 1947, 45-905; amd. Sec. 3, Ch. 295, L. 1987; amd. Sec. 3, Ch. 529, L. 1989; amd. Sec. 2272, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 4. Farm Laborers' Liens › 71-3-405. Limitations of actions to foreclose liens

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.
History: En. Sec. 10, Ch. 196, L. 1935; re-en. Sec. 8374.10, R.C.M. 1935; R.C.M. 1947, 45-910.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 4. Farm Laborers' Liens › 71-3-406. Rules of practice

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.
History: (1)En. Sec. 6, Ch. 196, L. 1935; re-en. Sec. 8374.6, R.C.M. 1935; Sec. 45-906, R.C.M. 1947; (2)En. Sec. 7, Ch. 196, L. 1935; re-en. Sec. 8374.7, R.C.M. 1935; Sec. 45-907, R.C.M. 1947; R.C.M. 1947, 45-906, 45-907.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 4. Farm Laborers' Liens › 71-3-407. Parties

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.
History: En. Sec. 8, Ch. 196, L. 1935; re-en. Sec. 8374.8, R.C.M. 1935; R.C.M. 1947, 45-908.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 4. Farm Laborers' Liens › 71-3-408. Acknowledgment of satisfaction of lien -- penalty

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).
History: En. Sec. 11, Ch. 196, L. 1935; re-en. Sec. 8374.11, R.C.M. 1935; amd. Sec. 11-126, Ch. 264, L. 1963; R.C.M. 1947, 45-911; amd. Sec. 4, Ch. 295, L. 1987; amd. Sec. 156, Ch. 305, L. 1999.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-501. Repealed

71-3-501. Repealed.
Sec. 17, Ch. 202, L. 1987.
History: En. Sec. 1, p. 332, Bannack Stat.; amd. Sec. 1, p. 509, Cod. Stat. 1871; re-en. Sec. 820, 5th Div. Rev. Stat. 1879; amd. Sec. 1370, 5th Div. Comp. Stat. 1887; amd. Sec. 2130, C. Civ. Proc. 1895; re-en. Sec. 7290, Rev. C. 1907; re-en. Sec. 8339, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1183; amd. Sec. 1, Ch. 23, L. 1925; re-en. Sec. 8339, R.C.M. 1935; amd. Sec. 1, Ch. 408, L. 1971; R.C.M. 1947, 45-501.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-502. Repealed

71-3-502. Repealed.
Sec. 17, Ch. 202, L. 1987.
History: (1) thru (3)En. Secs. 8 and 9, p. 334, Bannack Stat.; re-en. Secs. 8 and 9, p. 511, Cod. Stat. 1871; amd. Secs. 1 and 2, p. 238, L. 2877; re-en. Sec. 827, 5th Div. Rev. Stat. 1879; amd. Sec. 1374, 5th Div. Comp. Stat. 1887; amd. Sec. 2, p. 71, Ex. L. 1887; en. Sec. 2133, C. Civ. Proc. 1895; re-en. Sec. 7293, Rev. C. 1907; re-en. Sec. 8342, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1185; re-en. Sec. 8342, R.C.M. 1935; Sec. 45-504, R.C.M. 1947; (4)En. Sec. 10, p. 334, Bannack Stat.; re-en. Sec. 10, p. 511, Cod. Stat. 1871; amd. Sec. 3, p. 238, L. 1877; amd. Sec. 829, 5th Div. Rev. Stat. 1879; amd. Sec. 1376, 5th Div. Comp. Stat. 1887; amd. Sec. 2135, C. Civ. Proc. 1895; re-en. Sec. 7295, Rev. C. 1907; re-en. Sec. 8344, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1186; re-en. Sec. 8344, R.C.M. 1935; Sec. 45-506, R.C.M. 1947; R.C.M. 1947, 45-504(part), 45-506.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-503. Repealed

71-3-503. Repealed.
Sec. 17, Ch. 202, L. 1987.
History: En. Sec. 1387, 5th Div. Comp. Stat. 1887; amd. Sec. 3, p. 72, Ex. L. 1887; amd. Sec. 2140, C. Civ. Proc. 1895; re-en. Sec. 7300, Rev. C. 1907; re-en. Sec. 8349, R.C.M. 1921; re-en. Sec. 8349, R.C.M. 1935; amd. Sec. 24, Ch. 535, L. 1975; R.C.M. 1947, 45-511.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-511. Repealed

71-3-511. Repealed.
Sec. 17, Ch. 202, L. 1987.
History: 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; R.C.M. 1947, 45-502(1), (2).
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-514. Repealed

71-3-514. Repealed.
Sec. 17, Ch. 202, L. 1987.
History: (1)En. Secs. 8 and 9, p. 334, Bannack Stat.; re-en. Secs. 8 and 9, p. 511, Cod. Stat. 1871; amd. Secs. 1 and 2, p. 238, L. 1877; re-en. Sec. 827, 5th Div. Rev. Stat. 1879; amd. Sec. 1374, 5th Div. Comp. Stat. 1887; amd. Sec. 2, p. 71, Ex. L. 1887; en. Sec. 2133, C. Civ. Proc. 1895; re-en. Sec. 7293, Rev. C. 1907; re-en. Sec. 8342, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1185; re-en. Sec. 8342, R.C.M. 1935; Sec. 45-504, R.C.M. 1947; (2)En. Sec. 9, p. 334, Bannack Stat.; re-en. Sec. 9, p. 511, Cod. Stat. 1871; re-en. Sec. 828, 5th Div. Rev. Stat. 1879; re-en. Sec. 1375, 5th Div. Comp. Stat. 1887; amd. Sec. 2134, C. Civ. Proc. 1895; re-en. Sec. 7294, Rev. C. 1907; re-en. Sec. 8343, R.C.M. 1921; re-en. Sec. 8343, R.C.M. 1935; Sec. 45-505, R.C.M. 1947; R.C.M. 1947, 45-504(part), 45-505.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-521. Scope

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.
History: En. Sec. 1, Ch. 202, L. 1987.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-522. Definitions

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.
History: En. Sec. 2, Ch. 202, L. 1987; amd. Sec. 1, Ch. 293, L. 2007.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-523. Who may claim construction lien -- limitation

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.
History: En. Sec. 3, Ch. 202, L. 1987; amd. Sec. 2273, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-524. Limitation of lien for materials supplied

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.
History: En. Sec. 4, Ch. 202, L. 1987; amd. Sec. 2274, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-525. Extent of lien

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.
History: En. Sec. 5, Ch. 202, L. 1987; amd. Sec. 2275, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 3. Liens › Part 5. Construction Liens › 71-3-526. Amount of lien

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.
History: En. Sec. 6, Ch. 202, L. 1987; amd. Sec. 2276, Ch. 56, L. 2009.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.