Title 71, Title 71

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…

(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 c…

(1) The following are not required to give notice of the right to claim a lien as required by this section: (a) an original contractor who furnishes services or materials directly to the owner at the owner's request; (b) a wage earner or laborer who performs personal labor servic…

(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 …

(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…

(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…