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Ing to the mechanics lien law, after your notices are served timely the lien must be filed in the county recorder's office in the county where the property is located. The lien may either be served by certified mail, return receipt requested, or personally served on each of the parties.
A contractor or subcontractor can file a construction lien against a property if the owner has not paid for work done on it.
Contractors, subcontractors, laborers, and material suppliers can file what is called a "mechanics lien" on a homeowner's property if they don't get paid. Property owners need to be aware of the process so they can avoid financial and legal pitfalls.
After you file Mechanics liens in Montana are valid for 2 years after filing. After you file, you generally have 2 options. If you go unpaid, you can enforce your lien to spur payment, and if you get paid after you file, you can release your lien claim to free up the property.
A contractor's lien (often known as a mechanic's lien, or a construction lien) is a claim made by contractors or subcontractors who have performed work on a property, and have not yet been paid.
Prior to filing a lien, a lienor who does not have a direct contract with the owner, must serve the owner with a Notice to Owner. The Notice to Owner must state the lienor's name and address, and a description of the real property and the nature of the services or materials being furnished.
Under Montana's laws, those who work on your property or provide materials and are not paid have a right to enforce their claim for payment against your property. This claim is known as a construction lien.
THE PARTY ENTITLED TO A CONSTRUCTION LIEN A contractor, subcontractor, or supplier that provides work, services, materials, or equipment to improve privately owned real property may claim a lien on the privately owned real property to secure payment (N.J.S.A. 2A:44A-3).