Title 71, Title 71

(1) Except as provided in subsection (2), this part does not apply to compensation awarded to workers for injury, disease, or death pursuant to the Workers' Compensation Act. (2) This part applies to all payments awarded for medical, therapy, acupuncture, chiropractic, dentistry,…

Except as otherwise provided by the Uniform Commercial Code, one who holds property by virtue of a lien on the property is not entitled to compensation from the owner of the property for any trouble or expense that the person incurs respecting the property, except to the same ext…

Other things being equal, different liens upon the same property have priority according to the time of their creation.

Except as otherwise provided by law, a mortgage given for the price of real property at the time of its conveyance has priority over all other liens created against the purchaser, subject to the operation of the recording laws.

When a person has a lien upon several things and other persons have subordinate liens upon or interests in some but not all of the same things, the person having the prior lien, if the prior lienor can do so without risk of personal loss or of injustice to other persons, shall re…

Redemption from a lien is made by performing or offering to perform the act for the performance of which it is a security and paying or offering to pay the damages, if any, to which the holder of the lien is entitled for delay.

Except as otherwise provided by the Uniform Commercial Code, a person having an interest in property subject to a lien has a right to redeem it from the lien at any time after the claim is due and before the person's right of redemption is foreclosed.

A person who has a lien inferior to another upon the same property has a right to: (1) redeem the property in the same manner as its owner might from the superior lien; and (2) be subrogated to all the benefits of the superior lien, when necessary for the protection of the person…

A lien is to be accessory to the act for the performance of which it is a security, whether any person is bound for such performance or not, and is extinguishable in like manner with any other accessory obligation.

The partial performance of an act secured by a lien does not extinguish the lien upon any part of the property subject thereto, even if it is divisible.

(1) If there is an express or implied contract for collecting, processing, packaging, or storing embryos or semen from livestock, a reproductive technology business to whom embryos or semen is entrusted and who still has possession has a lien upon the embryos or semen for the amo…

(1) Subject to subsection (4), the lien created may not take precedence over perfected security interests under the Uniform Commercial Code--Secured Transactions or other recorded liens on the property involved unless, within 30 days from the time of receiving the property, the p…

If payment for work, labor, or services performed or feed or material furnished is not made within 30 days after the performance of the work, labor, or services or furnishing of the feed or material, the lienor under the provisions of this part may enforce the lien in the followi…

The lien created by this part shall not be lost by reason of any forcible or fraudulent taking of the property from the possession of the person entitled to said lien, but in all such cases the person entitled to such lien shall be entitled to recover possession of the property b…

For the purposes of this part, "reproductive technology business" means a business that collects, processes, packages, and stores embryos or semen from animals or provides breeding services for compensation.

The sale of any property on which there is a lien in satisfaction of the claim secured thereby or, in case of personal property, its wrongful conversion by the person holding the lien extinguishes the lien thereon.

(1) The legislature finds that agisters' liens require expeditious action to protect the welfare of the stock and to ensure that the cost to feed and care for the stock covered by the lien does not exceed the market value of the stock. (2) (a) If there is an express or implied co…

(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 d…

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…

(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 agains…

A lien is extinguished by the lapse of the time within which, under the provisions of Title 27, an action can be brought upon the principal obligation.

Except as otherwise provided by the Uniform Commercial Code, the voluntary restoration of property to its owner by the holder of a lien thereon, dependent upon possession, extinguishes the lien as to such property, unless otherwise agreed by the parties, and extinguishes it, notw…

(1) In an action to foreclose any of the liens provided for in Title 71, chapter 3, part 3, 4, 5, 6, 8, 10, or 16, the court shall allow as costs the money paid and attorney fees incurred for filing and recording the lien and reasonable attorney fees in the district and supreme c…

(1) Unless a statement of an agricultural lien has been filed in the office of the secretary of state as provided in this chapter, a buyer who, in ordinary course of business as defined in 30-1-201(2)(i), buys a farm product takes it free of any lien created by this chapter even …

(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.