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The cost to file a lien on your own can vary widely, from just $5 in Montana to $345 in Hawaii. If you employ a construction attorney to file a lien on your behalf, the cost may stretch into the thousands of dollars. There are a few different methods you can use to file your lien.
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.
Who can file a Montana mechanics lien? In Montana, mechanics liens rights are afforded to parties who provide labor and/or materials pursuant to a real estate improvement contract.
EFS (Effective Financing Statement) Lien: The debtor must sign, authorize or authenticate the filing and the document must be filed by the secured party under the Federal Act. If authorization or authentication occurs, the debtor is not required to sign the EFS notice filed with the Secretary of State's office.
A judgment lien in Montana will remain attached to the debtor's property (even if the property changes hands) for ten years.
A mechanic's lien can be attached to real property if the owner fails to pay a contractor for services rendered. If the debtor never pays, the contractor could go to court and get a judgment against the non-paying party whereby property or assets can be auctioned off to pay the lien holder.
When is the deadline to file a Montana mechanics lien? In Montana, a mechanics lien must be filed within 90 days of the lien claimant's last furnishing labor and/or materials to the project, or, within 90 days of the date on which the owner filed a Notice of Completion.
About Montana Notice of Intent to Lien Form No one wants to be forced to file a mechanics lien, and this document gives all of the parties involved one final chance to take care of the payment issues on a project. This form advises the party that a lien will be filed if payment is not received within 10 days.