Montana § 71-3-534 Filing With County Clerk -- Notification Of Owner

Montana Statutes

§ 71-3-534 — Filing With County Clerk -- Notification Of Owner

Montana·Title 71 MORTGAGES, PLEDGES, AND LIENS·Ch. 3 LIENS·Part 5 Construction Liens

71-3-534 . Filing with county clerk -- notification of owner.

(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 the person against whose property the lien is filed, and the description of the property to be charged with the lien.

(2)The clerk may not file the lien unless it is accompanied by a certification by the lien claimant or the claimant's agent that a copy of the lien has been served upon each owner of record of the property named in the lien. Service must be made by personal service on each owner or by mailing a copy of the lien by certified mail with retur

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71-3-534 . Filing with county clerk -- notification of owner. (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 the person against whose property the lien is filed, and the description of the property to be charged with the lien.
(2) The clerk may not file the lien unless it is accompanied by a certification by the lien claimant or the claimant's agent that a copy of the lien has been served upon each owner of record of the property named in the lien. Service must be made by personal service on each owner or by mailing a copy of the lien by certified mail with return receipt requested to each owner's last-known address. The certification must state that service was made by delivery of certified mail.

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Legislative History

En. Sec. 7, p. 333, Bannack Stat.; re-en. Sec. 7, p. 510, Cod. Stat. 1871; amd. Sec. 2, p. 84, L. 1874; re-en. Sec. 826, 5th Div. Rev. Stat. 1879; re-en. Sec. 1373, 5th Div. Comp. Stat. 1887; amd. Sec. 2132, C. Civ. Proc. 1895; re-en. Sec. 7292, Rev. C. 1907; re-en. Sec. 8341, R.C.M. 1921; re-en. Sec. 8341, R.C.M. 1935; R.C.M. 1947, 45-503; amd. Sec. 1, Ch. 515, L. 1981; Sec. 71-3-513 , MCA 1985; redes. 71-3-534 by Code Commissioner, 1987; amd. Sec. 76, Ch. 130, L. 2005.