Montana Release of Judgment Lien by Creditor

State:
Multi-State
Control #:
US-OG-540
Format:
Word; 
Rich Text
Instant download

Description

If an owner of an interest in real property has had a judgment obtained against him or her, this form addresses a release of that judgment lien.

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FAQ

A judgment is a general, involuntary, equitable lien on both real and personal property owned by the debtor.

A judicial lien is created when a court grants a creditor an interest in the debtor's property, after a court judgment.

A judgment lien in Montana will remain attached to the debtor's property (even if the property changes hands) for ten years.

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.

GENERAL LIENS: Involuntary liens, usually affect all of a debtor's property both real and personal, and include judgments, estate and inheritance taxes, income tax, debts of a deceased person, IRS taxes, and federal judgement liens, TWC Wage Lien.

An execution is an order to the Sheriff or levying officer to assist the collection process. The judgment may be executed against a savings or checking account, personal property (not a necessity of life), wages, vehicles, or any other assets of the judgment debtor.

What type of lien arises as a result of a judgment, estate or inheritance taxes, a decedent's debts, or federal taxes? The answer is general. Each creates a general lien?a claim against all personal and real property of the debtor. The answer is revocation.

A mortgage is a specific, voluntary lien. It is specific to the piece of property and is voluntary because it was agreed to by the property owner. A judgment lien is an example of a general, involuntary lien. Judgment liens can be applied against any of an individual's assets.

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Montana Release of Judgment Lien by Creditor