Title 71, Title 71

(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 c…

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 c…

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.

(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 a…

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…

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 o…

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 ea…

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.

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.

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.

The lien of a judgment is regulated by Title 25.

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.

A municipality has a lien for tax deficiency payments as described in a properly filed agreement for tax deficiency payment pursuant to 7-15-4294. The lien has the same priority as a lien for general property taxes. Lien proceeds must be disbursed pursuant to 7-15-4286(2)(a).

This part may be cited as the "Montana Oil and Gas Owners' Lien Act".

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 frac…

(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 e…

(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 fr…

(1) An interest owner who does not receive proceeds or payment for severed oil or gas when the proceeds are due may perfect the security interest and lien claimed under 71-3-1603 by filing a notice, as provided in subsection (2), in the office of the county clerk and recorder in …

(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…

(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 t…

This part may be cited as the "Uniform Federal Lien Registration Act".

This part shall be so construed as to effectuate its general purpose to make uniform the laws of those states which enact it.

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 en…

(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) …

(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…

(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…

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…

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 l…

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…

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…

(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 act…

(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 subse…

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 acti…

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.

(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…

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 noti…

(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 …

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.

(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…

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

(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 t…

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 m…

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 c…

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.

(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)…

(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 o…