US Legal Forms
Child Support
Montana Construction Lien Notice - Individual

Montana Lien Form With Notary

Q: How do I file a lien on a property in Montana?

How to File a Montana Mechanics Lien A Step-by-Step Guide to Get You Paid Properly identify yourself. Identify the property owner(s) Describe the labor or materials provided. Identify the hiring party. State the amount of the lien claim. Provide the first and last dates when labor or materials were provided.

Category:

Liens - Construction - Mechanics

State:

Montana

Control #:

MT-08-09

Format:

Instant download

Upgrade to a Package! This form is part of a package. Get several related forms for the price of one! Go to Package

Description

Montana law sets out the form for the filing of a Construction Lien. The Lien Notice form supplies all of the needed information to put all parties in interest on Notice of the lien claimant's lien. It must be filed within ninety (90) days of the final furnishing of services or materials or within ninety (90) days of the filing of a Notice of Completion.

Bond claim file form nz

View this form

Request for Minor Correction

View this form

Executor's Deed Under Power

View this form

Full Unconditional Waiver and Release of L...

View this form

Memorandum of Costs After Judgment, Acknow...

View this form

Michigan No-Fault Uncontested Agreed Divor...

View this form

Acknowledgment of Satisfaction of Lien by ...

View this form

Affidavit Letter for Name Change of Minor

View this form

Certificate of Ownership And Merger - Pare...

View this form

Acknowledgment of Notice of Rights - Class...

View this form

How to fill out Montana Construction Lien Notice - Individual?

The Montana Lien Form With Notary you see on this page is a reusable legal template drafted by professional lawyers in line with federal and state laws and regulations. For more than 25 years, US Legal Forms has provided individuals, organizations, and attorneys with more than 85,000 verified, state-specific forms for any business and personal scenario. It’s the quickest, most straightforward and most trustworthy way to obtain the documents you need, as the service guarantees bank-level data security and anti-malware protection.

Acquiring this Montana Lien Form With Notary will take you just a few simple steps:

Browse for the document you need and check it. Look through the file you searched and preview it or review the form description to verify it suits your requirements. If it does not, use the search option to find the correct one. Click Buy Now once you have located the template you need.
Subscribe and log in. Select the pricing plan that suits you and create an account. Use PayPal or a credit card to make a prompt payment. If you already have an account, log in and check your subscription to proceed.
Get the fillable template. Select the format you want for your Montana Lien Form With Notary (PDF, Word, RTF) and save the sample on your device.
Complete and sign the paperwork. Print out the template to complete it by hand. Alternatively, utilize an online multi-functional PDF editor to quickly and accurately fill out and sign your form with a eSignature.
Download your papers one more time. Make use of the same document once again anytime needed. Open the My Forms tab in your profile to redownload any previously downloaded forms.

Form popularity

FAQ

Hear this out loud PauseLien must be filed within 90 days of last providing labor or materials. An action to enforce a mechanics lien in Montana must be initiated within 2 years from lien's filing.

How to File a Montana Mechanics Lien | A Step-by-Step Guide to Get You Paid Properly identify yourself. Identify the property owner(s) Describe the labor or materials provided. Identify the hiring party. State the amount of the lien claim. Provide the first and last dates when labor or materials were provided.

Upon completion of the application process, the Secretary of State's office will email the notary a Certificate of Commission, showing the notary's official name, city of residence, and the term of the commission.

Lien must be filed within 90 days of last providing labor or materials. An action to enforce a mechanics lien in Montana must be initiated within 2 years from lien's filing.

Montana requires that the seller(s) signature(s) on a Montana Motor Vehicle Title be notarized. Once notarized, the title becomes a ?negotiable instrument? and ownership is readily transferred to the person holding the title.

Trusted and secure by over 3 million people of the world’s leading companies

Construction Lien Notice - Individual

Note: This summary is not intended to be an all inclusive discussion of Montana's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can claim a lien in this State?

A person who furnishes services or materials pursuant to a real estate improvement contract may claim a construction lien to secure the payment of his contract price. M.C.A. Â§ 71-3-523.

How long does a party have to claim a lien?

A Lien Claim must be filed within ninety (90) days of the final furnishing of material or services or within ninety (90) days of the filing of a Notice of Completion by the property owner. M.C.A. Â§ 71-3-523.

What kind of notice is required prior to claiming a lien?

Some parties will be required to file a Notice of Right to Claim Lien. A Notice is NOT required by (a) a person who furnishes services or materials directly to the owner at the owner's request; (b) a wage earner or laborer who performs personal labor services for a person furnishing any service or material pursuant to a real estate improvement contract; (c) a person who furnishes services or materials pursuant to a real estate improvement contract that relates to a dwelling for five or more families; or (d) a person who furnishes services or materials pursuant to a real estate improvement contract that relates to an improvement that is partly or wholly commercial in character.

Generally, if required, a Notice of Right to Claim Lien must be filed within twenty (20) days after the date that materials and services began to be provided. These Notices are valid for one (1) year after filing, but may be extended an additional (1) year after the filing of a Continuation Notice. If a Notice of Right to Claim Lien is required, an unexpired Notice of Right to Claim Lien or Continuation Notice is necessary before a lien may be claimed. M.C.A. Â§ 71-3-531.

By what method is a lien filed in this State?

A Lien Notice must be filed within ninety (90) days of the final furnishing of services and materials or the filing of a Notice of Completion by the property owner. If a Notice of Right to Claim a Lien is required, the Lien Notice must declare that the Notice was served on the property owner or that a Notice is not required. Montana statutes set out the form for a Lien Notice in M.C.A. Â§ 71-3-536.

How long is a lien good for?

All actions to enforce a lien must be commenced within two (2) years from the date of the filing of the lien. M.C.A. Â§ 71-3-562.

Are liens assignable?

Montana statutes do not have a provision which states that liens may be assigned to other parties.

Does this State require or provide for a notice from contractors and subcontractors to property owners?

Yes. Montana law provides for a Notice of Right to Claim a Lien. This Notice is issued by any Lien Claimant to the property owner and serves to put the property owner on Notice that a lien may be claimed against his property. Generally, it must be filed within twenty (20) days after the first material or services are furnished. A copy of the Notice must be sent to the contracting owner by certified mail or delivered personally, and filed with the county clerk within five (5) days of service. This Notice is effective for one (1) year unless extended an additional one (1) year by a Continuation Statement. M.C.A. Â§ 71-3-531.

Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Montana statutes allow a property owner to file a Notice of Completion after (a) the written acceptance by the contracting owner, his agent, or representative of the building, improvement, or structure, or (b) the cessation from labor for 30 days upon any building, improvement, or structure, or the alteration, addition to, or repair thereof.

Any party that wishes to claim a lien must do so within ninety (90) days of the filing of this Notice. The Notice of Completion is required to be published once a week for three weeks in a local newspaper and an affidavit attesting to the publication must be attached to the Lien Notice to be filed. M.C.A. Â§ 71-3-533.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. Montana statutes do not provide for a Notice of Non-Responsibility as in some other States.

Is a notice attesting to the satisfaction of a lien provided for or required?

Yes. Montana statutes require a lien claimant whose lien has been satisfied to acknowledge the satisfaction of that lien or be held liable for any damages that result from the refusal to do so. M.C.A. Â§ 71-3-537.

By what method does the law of this State permit the release of a lien?

Montana statutes have no specific provision for the release of a lien, other than by payment in full or by expiration of the statute of limitations after two (2) years.

Does this State permit the use of a bond to release a lien?

Yes. Montana statutes allow a contracting owner to substitute a bond in the amount of one and one half times the amount of the lien claimed. Upon the acceptance of the bond by the county clerk, the lien against the real property shall be discharged and released. M.C.A. Â§ 71-3-551.