Montana Code 71-3-538. Release of notice of right to claim lien
71-3-538. Release of notice of right to claim lien. (1) A person who has filed a notice of the right to claim a lien shall file a release of the notice of the right to claim a lien when the person is paid for the services and materials that are the subject of the notice of the right to claim a lien.
Terms Used In Montana Code 71-3-538
- Contract: A legal written agreement that becomes binding when signed.
- Contracting owner: means a person who owns an interest in real estate and who, personally or through an agent, enters into an express or implied contract for the improvement of the real estate. See Montana Code 71-3-522
- Lien: A claim against real or personal property in satisfaction of a debt.
- lien: means a lien against real estate arising under this part. See Montana Code 71-3-522
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(2)If a person subject to the provisions of subsection (1) has been paid for the services and materials pursuant to a real estate improvement contract, the person shall file a release of the notice of the right to claim a lien within 5 business days of the contracting owner‘s request that the release be filed.
(3)The release must be filed with the clerk and recorder of the county in which the improved real estate is located and must include:
(a)the clerk and recorder’s file number of the notice of the right to claim a lien;
(b)the date on which the notice of the right to claim a lien was filed; and
(c)the name of the person to whom the notice of the right to claim a lien was given.
(4)The release must be signed by the person who filed the notice of the right to claim a lien or by a person authorized to sign for the person who filed the notice of the right to claim a lien.