Montana § 53-6-181 Delay In Recovery -- Sale Subject To Lien

Montana Statutes

§ 53-6-181 — Delay In Recovery -- Sale Subject To Lien

Montana § 53-6-181

Title 53SOCIAL SERVICES AND INSTITUTIONS

Ch. 6HEALTH CARE SERVICES

Part 1Medical Assistance -- Medicaid

This text of Montana § 53-6-181 (Delay In Recovery -- Sale Subject To Lien) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 53-6-181 (2026).

Text

53-6-181 . Delay in recovery -- sale subject to lien.

(1)If the department is precluded by 53-6-178 (2) or (3) from recovery upon a lien imposed under 53-6-171 through 53-6-188 , the department shall maintain the lien in place and upon elimination of the condition that precluded recovery, the department may recover under this section. The department may not file an application for issuance of a writ of execution to recover under this subsection more than 3 years after elimination of the last condition that precluded recovery.

(2)If upon sale, transfer, or exchange of property subject to a lien imposed pursuant to 53-6-171 through 53-6-188 the department is precluded by 53-6-178 (2) or (3) from recovering upon the lien, the lien remains in effect, subject to renewal as provided in 53-6-17

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53-6-181 . Delay in recovery -- sale subject to lien. (1) If the department is precluded by 53-6-178 (2) or (3) from recovery upon a lien imposed under 53-6-171 through 53-6-188 , the department shall maintain the lien in place and upon elimination of the condition that precluded recovery, the department may recover under this section. The department may not file an application for issuance of a writ of execution to recover under this subsection more than 3 years after elimination of the last condition that precluded recovery.
(2) If upon sale, transfer, or exchange of property subject to a lien imposed pursuant to 53-6-171 through 53-6-188 the department is precluded by 53-6-178 (2) or (3) from recovering upon the lien, the lien remains in effect, subject to renewal as provided in 53-6-174 , and the sale, transfer, or exchange is also subject to the lien.