Montana Code 71-3-551. Substitution of bond allowed — filing — amount — condition
71-3-551. Substitution of bond allowed — filing — amount — condition. (1) (a) Whenever a construction lien has been filed on real property, entities as provided in subsection (1)(b) may, at any time before the lien claimant has commenced an action to foreclose the construction lien or within 30 days of the service of a complaint in an action to foreclose the construction lien, file a bond with the clerk of the district court in the county in which the property is located or, if the property is located in more than one county, with the clerk of the district court of any county in which a part of the property is located.
Terms Used In Montana Code 71-3-551
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- 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
- Original contractor: means a contractor who contracts directly with the contracting owner. See Montana Code 71-3-522
- Property: means real and personal property. See Montana Code 1-1-205
(b)The following persons may file a bond as provided in subsection (1)(a):
(i)the contracting owner of any interest in the property, whether legal or beneficial;
(ii)the original contractor as defined in 71-3-522; or
(iii)any subcontractor.
(2)The bond must be in an amount 1 1/2 times the amount of the construction lien and must be either in cash or written by a corporate surety company. If written by a corporate surety, the bond must be approved by a judge of the district court with which the bond is filed.
(3)The bond must be conditioned that if the construction lien claimant is finally adjudged to be entitled to recover on the claim on which the construction lien is based, the principal or the principal’s sureties shall pay to the claimant the amount of the claimant’s judgment, together with any interest, costs, attorney fees, and other sums that the claimant would be entitled to recover on the foreclosure of a construction lien against the principal. However, the total amount paid by the principal or the principal’s sureties may not exceed the amount of the bond provided for in subsection (2).