Montana Code 53-6-177. Action to challenge issuance of writ of execution
53-6-177. Action to challenge issuance of writ of execution. A person with a recorded interest in or residing lawfully upon the real property described in an application filed under 53-6-175, including the recipient or recipient’s estate or a co-owner, purchaser, grantee, encumbrancer, mortgagee, or lienholder, or any person described in 53-6-171(1)(b) or 53-6-178(2) or (3), may, within 60 days of mailing or service of notice or first publication of notice as provided in 53-6-176, file an action in the district court in the county in which the real property is located challenging the requested issuance of a writ of execution. The court shall determine the validity or invalidity of the department‘s lien and order appropriate relief, including issuance of the writ or denial of the application for issuance of the writ.
Terms Used In Montana Code 53-6-177
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-155
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- 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
- Recipient: means a person:
(a)who has been determined by a medicaid agency to be eligible for medicaid benefits, whether or not the person actually has received any benefits; or
(b)who actually receives medicaid benefits, whether or not determined eligible. See Montana Code 53-6-155
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202