§ 71-3-125 — Filing Of Agricultural Lien Statements

Montana § 71-3-125

• Jurisdiction: Montana
• Title 71: MORTGAGES, PLEDGES, AND LIENS
• Ch. 3: LIENS
• Part 1: General Provisions

Text

71-3-125 . Filing of agricultural lien statements. (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 though the lien is otherwise perfected.
(2) A statement of an agricultural lien is sufficient if it:
(a) gives the names and addresses of the debtor and lienor;
(b) describes the type of lien and its statutory authority;
(c) describes the collateral;
(d) contains the notation by the secretary of state of the date of filing and filing number;
(e) is signed by the lienor;
(f) describes the service or product furnished. If the collateral is farm products, the statement must state the county in which the farm products are located, designated by type of farm product.
(g) states the price or wage agreed upon or, if the price or wage was not agreed upon, the reasonable value of the service or product furnished;
(h) states the amount remaining unpaid;
(i) states the terms and period of employment if it is a farm laborer's lien filed pursuant to part 4 of this chapter;
(j) describes the land upon which seed or grain was or will be sown, planted, or used if it is a lien for seed or grain filed pursuant to part 7 of this chapter;
(k) describes the land upon which the grain or crops were grown and the place the grain or crops are presently stored if it is a thresher's lien filed pursuant to part 8 of this chapter;
(l) describes the land upon which the service was performed if it is a lien for spraying or dusting filed pursuant to part 9 of this chapter; and
(m) states the starting date of insurance coverage if it is a lien filed pursuant to part 7 of this chapter.
(3) The agricultural lien statement must be in the form prescribed by the secretary of state.
(4) The secretary of state shall:
(a) record the agricultural lien statement on the centralized computer system as set forth in 30-9A-501 ; and
(b) establish fees for such recordings as set forth in 30-9A-525 .
(5) For the purposes of this section, an agricultural lien means a lien under part 4, 7, 8, or 9 of this chapter.
(6) A statement of an agricultural lien or continuation statement that has been filed at the office of the county clerk and recorder lapses on March 31, 1990, unless prior to that date there is filed in the office of the secretary of state a certified copy of the statement and all related documents on file with the county clerk and recorder.

Legislative History

En. Sec. 1, Ch. 295, L. 1987; amd. Sec. 1, Ch. 529, L. 1989; amd. Sec. 3, Ch. 335, L. 1993; amd. Sec. 153, Ch. 305, L. 1999; amd. Sec. 89, Ch. 575, L. 2005; amd. Sec. 110, Ch. 200, L. 2025.