An action to enforce a mechanic's lien on real property is commonly known as an action to foreclose a mechanic's lien. Enforcement of this statutory lien by foreclosure provides a method by which one who has added value to real property, due to construction or improvements, may compel payment for the benefit conferred and received. The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Montana Complaint or Petition to Foreclose on Mechanic's Lien
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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.
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.
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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.
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.
A judgment lien is created automatically on the debtor's present and future property in the Montana county where the judgment is entered. For debtor property in another Montana county, the creditor files the judgment with the district court clerk where the debtor has property now or may have property in the future.
About Montana Notice of Intent to Lien Form If a party is refusing to pay your claim or ignoring your phone calls, sending a Notice of Intent to Lien to that party, the prime contractor and/or the property owner can let them know you're serious about collecting and prioritize your payment.
