Montana Code 15-18-413. Title conveyed by deed — defects
15-18-413. Title conveyed by deed — defects. (1) All deeds executed more than 3 years after the applicable attachment of the tax lien or pursuant to 15-18-220 convey to the grantee absolute title to the property described in the deed as of the date of issuance of the deed.
Terms Used In Montana Code 15-18-413
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The conveyance includes:
(a)all right, title, interest, estate, lien, claim, and demand of the state of Montana and of the county in and to the property; and
(b)the right, if the tax deed, tax lien attachment, or any of the tax proceedings upon which the deed may be based are attacked and held irregular or void, to recover the unpaid taxes, interest, penalties, and costs that would accrue if the tax proceedings had been regular and it was desired to redeem the property.
(3)The tax deed is free of all encumbrances except as provided in 15-18-214(1).
(4)A tax deed is prima facie evidence of the right of possession accruing as of the date of the issuance of the tax deed.
(5)(a) Subject to 15-18-220 and subsection (5)(b) of this section, if any tax deed or deed purporting to be a tax deed is issued more than 3 years and 30 days after the date of the attachment of the tax lien pursuant to 15-18-211, the grantee may give notice entitled “Notice of Claim of a Tax Title” as provided in 7-1-2121. The notice must:
(i)describe all property claimed to have been acquired by a tax deed;
(ii)contain an estimate of the amount due on the property for delinquent taxes, interest, penalties, and costs;
(iii)contain a statement that for further specific information, reference must be made to the records in the office of the county treasurer;
(iv)list the name and address of record of the person in whose name the property was assessed or taxed; and
(v)contain a statement that demand is made that the true owner shall, within 30 days after the later of service or the first publication of the notice, pay to the county treasurer for use by the claimant the amount of taxes, interest, penalties, and costs as the same appear in the records of the county treasurer to redeem the property or the true owner may bring a suit to quiet the true owner’s title or to set aside the tax deed.
(b)The notice described in subsection (5)(a) must be served on a taxpayer whose name and address are reasonably ascertainable.
(6)(a) Provided that the statutory requirements for a notice of intended issuance of a tax deed required by 15-18-212 have been complied with and if within the 30-day period the taxes, interest, penalties, and costs are not paid or a quiet title action is not brought, all defects in the tax proceedings and any right of redemption are considered waived. Except as provided in subsection (6)(b), after the 30-day period, the title to the property described in the notice and in the tax deed is valid and binding, irrespective of any irregularities, defects, or omissions in any of the provisions of the laws of Montana regarding the assessment, levying of taxes, or sale of property for taxes, whether or not the irregularities, defects, or omissions could void the proceedings.
(b)The proceedings in subsection (6)(a) are void if the taxes were not delinquent or have been paid.