Title 71, Title 71

(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 th…

(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 …

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. …

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 sat…

(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 …

(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 t…

(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 af…

(1) (a) Whenever a construction lien has been filed on real property, entities as provided in subsection (1)(b) may, at any time before the lien claimant has commenced an action to foreclose the construction lien or within 30 days of the service of a complaint in an action to for…

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.

(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 comm…

All persons interested in the matter in controversy or in property charged with the lien or having liens thereon may be made parties.

All actions under this part must be commenced within 2 years from the date of the filing of the lien.

(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 w…

(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. A…

(1) The term "lumber", as used in this part, means all logs or other timber sawed or split for use, including beams, joists, planks, boards, shingles, laths, staves, hoops, and every article of any nature or description manufactured from sawlogs or other timber. (2) A person, gen…

The liens provided for in this part are preferred liens and prior to any other liens, and no sale or transfer of any sawlogs, piling, railroad ties, cordwood, or other timber or manufactured lumber or shingles shall divest the lien thereon as herein provided, and as between liens…

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

No lien provided for in this part binds any sawlogs, piling, railroad ties, cordwood, or other timber or lumber and shingles for a longer period than 8 calendar months after the claim as herein provided has been filed, unless a civil action be commenced in a proper court within t…

(1) A person, within 30 days after the close of the rendition of the services or after the close of the work or labor mentioned in 71-3-601, claiming the benefit of this part shall file for record with the county in which the sawlogs, piling, railroad ties, cordwood, or other tim…

Every person mentioned in 71-3-601(4) claiming the benefit must file for record with the county clerk of the county in which such sawlogs, piling, railroad ties, cordwood, or other timber were cut a claim in substance the same as provided in 71-3-605 and verified as therein provi…

No mistake or error in the statement of the demand or of the amount of credits and offsets allowed or of the balance asserted to be due to claimant or in the description of the property against which the claim is filed shall invalidate the lien unless the court finds that such mi…

The county clerk shall file any claim presented under the provisions of this part, endorse on the claim the time of receipt, keep the claim in the clerk's office for the inspection of all persons, and enter in a book, properly ruled and kept for that purpose, the names of all the…

(1) The liens provided for in this part must be enforced by a civil action in the district court of the county in which the lien was filed and must be governed by the laws regulating the proceedings in civil actions relating to the mode and manner of trial and the proceedings and…

It must be conclusively presumed by the court that a party purchasing the property subject to the lien within the 30 days given in this part to claimants in which to file their liens is not an innocent third party nor that the party has become a bona fide owner of the property su…

Any number of persons claiming liens under this part may join in the affidavit in 71-3-605 and may join in the same action and when separate actions are commenced, the court may consolidate them.

In each civil action, judgment must be rendered in favor of each person having a lien for the amount due to the person, and the court shall order any property subject to the lien to be sold by the sheriff of the proper county in the same manner that personal property is sold on e…

The court may order any property subject to a lien as provided in this part to be sold by the sheriff as personal property is sold on execution, either before or at the time judgment is rendered, as provided in 71-3-614, and the proceeds of such sale must be paid into court to be…

A person who removes, injures, or destroys or who renders difficult, uncertain, or impossible of identification any sawlogs, piling, railroad ties, cordwood, shingles, or other timber upon which there is a lien as provided in this part without the express consent of the person en…

A person, company, association, or corporation that furnishes to another seed to be sown or planted or funds or means with which to purchase seed to be sown or planted or to be used in the production or cultivation of a crop or crops on the lands owned or contracted to be purchas…

The lien provided by 71-3-701 shall, as to the crop covered thereby, have priority over all other liens and encumbrances thereon.

A person, company, association, or corporation entitled to a lien under 71-3-701 shall, within 90 days after the seed or grain is furnished or the funds, means, or money is advanced for the seed or grain, file in the office of the secretary of state a statement of agricultural li…

(1) Whenever the indebtedness that is a lien upon grain or other crops is paid and satisfied, it is the duty of the lienor to acknowledge satisfaction of the lien and to discharge the lien of record. If any lienor fails to acknowledge satisfaction and discharge of the lien within…

(1) All seed liens filed for record in the office of any county clerk and recorder must be retained by the county clerk in a file kept for that purpose for a period of 8 years from the time when the seed lien has ceased to be a lien on the property described in the lien. (2) Upon…

Any person, company, association, or corporation which shall furnish to another hail insurance for the purpose of protecting the party's crop from damage by hail during the hail season of the then-growing or seeded crop, whether the crop be on the land owned or contracted to be p…

Any person, company, association, or corporation entitled to a lien under 71-3-711 shall, within 30 days after the insurance is issued, file in the office of the secretary of state a statement of agricultural lien as provided in 71-3-125. A mutual company may file a lien for the …

(1) Whenever the indebtedness that is a lien upon grain or other crops is paid or satisfied on or before November 1 of the current year, it is the duty of the lienor to acknowledge satisfaction of the lien within 20 days after receiving payment and to discharge the lien of record…

(1) All threshers or swathers owning or operating threshing or swathing machines and all owners of combine harvesters and threshers have a lien upon the grain and other crops swathed or threshed by the threshing or swathing machine or cut and threshed by the combine harvester and…

(1) A person entitled to a lien under 71-3-801 shall file with the office of the secretary of state a statement of agricultural lien, as provided in 71-3-125, within 30 days after the last service was rendered or labor performed in the threshing of grain or other crops or the cut…

The lien for work or labor done or services rendered as specified in 71-3-801 shall be prior to and have precedence over any mortgage, encumbrance, or other lien upon said grain or other crops, except the lien for the seed furnished for the purpose of growing this particular crop…

Every person, including guardians or minors, married persons, and any company, firm, association, or corporation for whose use or benefit the grain or other crops mentioned herein are threshed or the services rendered or labor performed is deemed the owner thereof for the purpose…

All persons interested in the matter in controversy or the property to be charged with the lien or having liens thereon may be made parties to an action for the foreclosure thereof.

All actions for the foreclosure and enforcement of the lien herein provided for must be commenced within 6 months from the filing of the lien.

(1) Whenever the indebtedness that is a lien upon any grain or other crops is paid and satisfied, it is the duty of the lienor to acknowledge satisfaction of the lien and to discharge the lien of record. If a lienor fails to acknowledge satisfaction and discharge the lien within …

Except as otherwise provided, the provisions of Title 25 are applicable to and constitute the rules of practice for the enforcement and foreclosure of the lien herein provided for.

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

A person, firm, corporation, or partnership that under contract, express or implied, performs labor or services or furnishes material in crop dusting or spraying grains or crops, whether by aerial or ground application, for the purpose of fertilization or weed, disease, or insect…