Montana Code 70-19-102. Action affecting title or possession — filing as constructive notice
70-19-102. Action affecting title or possession — filing as constructive notice. (1) In an action affecting the title or right of possession of real property or in an action between husband and wife, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing the answer, when affirmative relief is claimed in the answer, or at any time afterward may file in the office of the clerk and recorder of the county in which the property is situated a notice of the pendency of the action containing the names of the parties and the object of the action or defense and a description of the property in that county affected by the action or defense.
Terms Used In Montana Code 70-19-102
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: means real and personal property. See Montana Code 1-1-205
(2)From the time of filing of the notice only is a purchaser or encumbrancer of the property affected considered to have constructive notice of the pendency of the action and only of its pendency against parties designated by their real names.