Montana Lien Search

A Montana lien search is the process of viewing or obtaining copies of lien records from relevant record custodians. Record seekers can retrieve lien records from the County Treasurer and Clerk and Recorder's Office, District and Justice Courts, the State Department of Revenue, the State Motor Vehicle Division (MVD), and the Secretary of State (SOS). County court clerks may also hold them as part of Montana civil court records. Montana residents conduct lien searches to verify property ownership and the specific title status of a property. It helps to mitigate the risk associated with purchasing a property. Undisclosed or unresolved liens can affect a property's value or lead to legal disputes and financial liability.

What is a Lien in Montana?

Per MCA §71-3-101 (2), a lien is a charge imposed on a person's property by which it is made security for the performance of an act. It can be defined as a creditor's legal claim against a debtor's property as security for a debt owed. Liens may arise by agreement (such as car loans, mortgages, or personal loans) or as a matter of law (such as nonconsensual liens (tax liens), judgment liens, or mechanic's liens). A lien remains on a property until a secured debt or duty is satisfied.

Types of Liens in Montana

Per MCA §71-3, Montana has different types of liens. These liens are placed on assets due to unpaid property taxes, mortgages, court actions, and business taxes. Some common types of liens available in Montana include:

• Hotel Liens
• Loggers' Liens
• Threshers' Liens
• Federal Tax Liens
• Construction Liens
• Miscellaneous Liens
• Liens on Real Estate
• Farm Laborers' Liens
• Oil and Gas Owners' Lien
• Fertilizer and Pesticide Liens
• Liens for Salaries and Wages
• Agisters' Liens and Liens for Service
• Liens of Certain Health Care Providers
• Crop Liens for Seed or Grain and Liens for Hail Insurance
• Labor and Material Liens on Oil and Gas Wells and Pipelines

General Liens in Montana

Per MCA §71-3-101(1), a general lien is a type of lien where the lienholder enforces security on all properties owned by a person or all of a particular class property. General liens are usually attached to cars, lands, properties, and boats. Examples of general liens are federal income tax liens and judgment liens.

Specific Liens

Per MCA §71-3-101(3), a special lien is a type of lien in which the lienholder enforces security on only one particular asset. Examples of specific liens are mortgage and mechanics liens.

Consensual vs Involuntary Liens

In Montana, a consensual lien is a lien that a debtor voluntarily gives to the lienholder. Examples of consensual liens are mortgage, UCC (Uniform Commercial Code), and vehicle liens. Conversely, involuntary liens are placed on a property without the owner's consent. They are usually placed by third parties due to unpaid debt obligations. Examples of involuntary liens are a tax lien, a mechanics lien, or a judgment lien.

Statutory Liens

Statutory liens are created by operation of law. This means that statutory liens exist without the debtor's consent or a security agreement. Examples of statutory liens in Montana are tax and mechanics liens.

What is a Tax Lien in Montana?

Per MCA §15-17-121(6), a tax lien is a type of lien attached by the government due to nonpayment of property taxes, including penalties, interest, and costs. The County government may collect delinquent taxes through a Writ of Execution, certain types of liens, and a public auction for personal property like fixtures, furniture, mobile homes, equipment, and livestock. Failure to pay delinquent taxes can cause another person (assignee) to take an assignment on the property by paying all taxes, penalties, interest, and costs after following the steps outlined in MCA § 15-17-323. This transfers the lien from the County to the assignee.

Are Tax Liens Public Records?

Yes. According to the Montana Public Records Act, tax liens are public records. Therefore, anyone can request to view or obtain copies of tax liens from the appropriate record custodian. Most County Treasurer's Offices publish a list of all parcels with liens on their websites for public perusal.

Montana Tax Lien Search

The Montana Department of Revenue's Business & Income Tax Division has a County Property Tax Lookup page where requesters can find links to Tax Search portals of all counties in the state. The search criteria are usually the owner's name, parcel number, taxpayer number or I.D., geocode, subcode, township, or property or mailing address. Each portal returns results on all tax liens on properties in each County.

Record seekers can conduct a tax lien search online or in person at the Treasurer's Office in the County where the property owner lives or the property is located. Online requests can be made by visiting the specific County Treasurer's Office website and clicking on the Tax Records Search (also called Property Tax Search or Lookup) link to perform a search. For example, the Ravalli County Treasurer has a Property Tax Search tool that can be used to conduct a tax lien search. Conduct a search by tax I.D., name, ICO name, mailing address, legal description, geocode, or township/range/section. In-person requests require visiting the Treasurer's Office during business hours. A name or tax number will be required to process the request.

Federal Tax Lien Search

A federal tax lien is the federal government's legal claim against a person's property when they neglect or fail to pay a tax debt. Montana residents may conduct federal tax lien lookup at the Clerk and Recorder's Office where the property is located. Requests can be made online, by phone, or in person.

What is a Lien on Property in Montana?

A lien on a property refers to an encumbrance of a person's real or personal property as security for paying a debt. Per MCA §70-1-106, real property consists of land or something affixed to land like a manufactured home, incidental or appurtenant to land, or is immovable by law. In contrast, personal property is any kind of property that is not real (MCA §70-1-108). For example, digital assets like cryptocurrencies are considered personal properties.

Who Can Put a Lien on a Property?

Anyone to whom a property owner owes a debt can place a lien on a property. Parties who often put liens on properties are local, state, or federal government agencies, contractors, auto loan companies, and mortgage lenders. The property owner must pay the debt to remove the lien on the property and regain ownership.

How to Put a Lien on Property in Montana

The process of putting a lien on a property varies depending on the type of lien. For example, below is the step-by-step process of attaching a tax lien on a property in Montana:

• Notice (MCA §15-17-122): The treasurer in the County where the property is located will publish or post a notice of a pending attachment of a tax lien. This notice will include the specific date on which the tax lien will be attached to the property on which the taxes are delinquent. The notice is usually open for public inspection.
• Filing (MCA §15-17-123): After the publication or posting of the notice, the county treasurer shall file a copy of the notice with the county clerk. An affidavit carrying the county treasurer's signature must be filed with a copy of the notice. The affidavit must state the newspaper's name and its publication address or list the locations, date of posting, and the dates the notice was published.
• Attachment (MCA §15-17-125): The treasurer in the County where the property is located will attach a tax lien to properties on which the taxes are delinquent no later than the first working day in August. The county treasurer will prepare a tax lien certificate after attaching a tax lien. The County Treasurer will sign and file the tax lien certificate with the County Clerk. A copy of the tax lien certificate must also be mailed to the property owner.

How to Find a Lien on Property in Montana

Property lien records can be found at the following agencies:

• County Clerk and Recorder Offices: County Clerks and Recorders offer online portals for accessing property lien information. However, most of them provide these services via a third-party vendor. A subscription is required to search, view, and print property lien records on the third-party platform unless the County allows the Basic Search option, which allows an index search only (no images). Once a subscription is purchased, the requester will be directed to a search screen with many search options. Users are advised to select several criteria to help narrow the search.

Alternatively, individuals can visit the Clerk and Recorder's Office in the County where the property is located to request property lien records. All visitations should be made during office hours. Some Clerks and Recorders accept property lien requests by mail. For example, Flathead County Clerk and Recorder allows individuals who know the document number of their desired record to submit a Document Request Form by mail. This service costs a document charge of 50¢ for the first page and 25¢ for each subsequent page, and certifications cost a $2 additional charge added to the Document charge.

• Montana Secretary of State (SOS): The SOS provides property lien information to the public online. To search, go to the SOS's Lien Search Portal and enter a lien number.
• Montana Motor Vehicle Division (MVD): Requesters can check for vehicle liens online or in person at the MVD. Online users can access the portal as public users to avoid creating an account. A first and last name, Montana driver's license number, and the last four social security numbers are required to process the request.

Property Lien Search By Address

The best way to conduct a property lien search by address in Montana is in person. This entails visiting the County Clerk and Recorder's Office in the County where the property is located and requesting copies of the property lien records. Provide the property's address to the record staff and pay any associated fee depending on the type and copies requested. Alternatively, requesters can use the online search tools available on most County Clerk and Recorder's websites to find property lien information. Enter the property's address in the search area and conduct a search.

Free Lien Search on Property

Record seekers may conduct free property lien searches at some County Clerk and Recorder Offices. Some County Clerk and Recorder have designated portals where individuals can click the Public Login button to search for recorded documents as public users. For example, the Lewis & Clark County Recorder provides this service through its Document Search tool. Some County clerks and Recorders (like Lake County) have public computers in their offices where individuals can research property lien records.

What is a Mechanics Lien in Montana?

In Montana, a mechanics lien is called a construction lien. It is a lien placed on a property by a person who makes real estate improvements (such as furnishing services or materials) to secure the payment of the person's contract price (MCA §71-3-523). The lienee must file a notice of right to claim lien with the Clerk and Recorder of the County where the improved real estate is situated, and a notification must be sent to the property owner. The filing must be done within 90 days of completing the work (MCA §71-3-535). Per MCA §71-3-537, the creditor must acknowledge the satisfaction of the debt whenever the property owner pays or satisfies the lien. After the lien has been satisfied, the creditor must file a release of the notice of the right to claim a lien within 5 business days with the Clerk and Recorder of the County where the improved real estate is located (MCA §71-3-538).

Montana Mechanics Lien Search

Interested persons can conduct a mechanics lien search in Montana at the Clerk & Recorder of the County where the improved real estate is located. Most County Clerks and Recorders partner with a third-party vendor to provide mechanics lien information online. Requesters would are typically required to subscribe to the portal to search, view, and print property lien records. Alternatively, individuals can visit the Clerk and Recorder's Office of the County, where the improved real estate is located, to request mechanic lien records.

What is a Mortgage Lien in Montana?

A mortgage lien is an interest in a person's property that serves as collateral or real security for a mortgage. This permits the lender to take possession of or sell the property to recoup outstanding debts if the debtor defaults or stops making payments on their mortgage.

What is a UCC Lien in Montana?

A Montana UCC lien is a financial document stating a lender's (secured party) claim on specific property belonging to another person (debtor). When a secured party files a UCC lien in the state, it establishes its priority for payment over subsequent secured parties if the debtor defaults on the loan.

UCC Lien Search Montana

Requesters can search for UCC liens by visiting the Montana Secretary of State's official website. Here is how to search the website:

• Click the "Business & UCC" menu at the top bar
• Select "UCC Services" from the dropdown
• Click on "Copy/Search Requests" from the home screen or go to the Forms, "Copy Request" section. Then, use the UCC11 Information Request form to search.
• Alternatively, requesters can click on search in the left navigation plane and select lien from the top bar. They can then enter a lien number to conduct a search.

Individuals are usually required to create an account to use the online service. A username and secured password are required to access the portal. Standard searches cost $7 and provide the debtor's name, the secured party's name, their addresses, the lien filing number, and the filing date. Check the option for "List and Copies" to request copies or view collateral associated with a filing. This service attracts a $5 fee. Requesters can choose from two options while using the online service:

• Option 1: Users can opt for a "Subscription" service to download unlimited debtor search certificates for a flat monthly fee. An additional fee will be incurred when users download images of lien documents. Customers who frequently search for liens can sign up for the "Monthly Lien Search Subscription," which allows unlimited searches for $25 per month. Also, a UCC Bulk Subscription is available for daily downloads of all lien filings and images for $1,000 per month.
• Option 2: Users can opt for the "Non-Subscription" service to download debtor search certificates at a cost per certificate, including additional fees when downloading images.

What is a Lien Title in Montana

A lien title is an interest in a vehicle that secures payment or performance of an obligation. For example, if a person takes out a title loan on a vehicle and fails to meet the specified repayment schedule, the lender can collect its security interest by taking the vehicle. However, this is only possible if the vehicle owner has acknowledged it by signing the title or Security Interest Action (MV81B). The Form must be accompanied by a $8.24 fee for the security interest to be processed. Individuals can file Security interests on newly purchased vehicles or vehicles new to Montana at the County Treasurer's office.

Montana Title Lien Search

Montana residents can conduct a title lien search online on the Montana Motor Vehicle Division (MVD) Vehicle Services Bureau's website. Individuals can register an account with the MVD to get a username and secure password to log in to the portal. Contact the MVD by phone at (406) 285-8280 or via email at mtsupport@vitu.com to be a registered user. However, individuals can log in as public users. A first and last name, Montana driver's license number, and the last four social security numbers are required to process the request. Alternatively, individuals can request title lien records by submitting a completed Release of Motor Vehicle Records Form to the MVD's Vehicle Services Bureau.

Alternatively, record seekers can find title lien information at County Treasurer Motor Vehicle Offices. Requests can be made in person or by mail. For example, the Yellowstone County Motor Vehicle Department requires individuals who want to find out if a lien is filed on a vehicle to complete and submit the Release of Motor Vehicle Records with the necessary fees. This Form ((Form MV210) may be obtained in person at any County Treasurer's office or downloaded online. The Form can be submitted to the Vehicle Services Bureau at:

Yellowstone County Motor Vehicle Department
217 N. 27th Street
P.O. Box 35011
Billings, MT 59107
Phone: (406) 256-2833
Email: dojmvdyellowstonecounty@mt.gov

Free Title Lien Search in Montana

The Montana Motor Vehicle Division (MVD) does not permit free access to title lien records. A vehicle records search through the online portal costs $5.02. Registered users are automatically billed to the bank or credit card provided at account setup, but public users can pay through eCheck. Title lien record requests made through mail costs:

• The last six years' record of vehicle information costs $25.75 per vehicle
• Current vehicle information costs $6.18 per vehicle
• Certified copies of title lien information costs $2.06
• Copies sent by fax cost $3.09 for the first five pages and $1.03 for each additional page

What is a Judgement Lien in Montana?

Per MCA §25-31-914, a Justice Court's judgment creates a lien on a defendant's land(s). The transcript of the original docket will be filed with the office of the Clerk of the District Court of the County in which the land(s) is located after being certified by the Clerk of the Justice Court. After the filing, the judgment becomes a lien upon all the judgment debtor's current future real properties in that County or those the debtor will acquire before the lien expires. A judgment lien remains on a property for 10 years.

Montana Judgement Lien Search

Most lien records are public records in Montana and can be made available to the general public. Requesters can conduct a judgment lien search in Montana at the following agencies:

• Clerk and Recorder Offices: Jugments lien searches can be done online, by mail, or in person at Clerk and Recorder Offices in the County where the judgment debtor's properties are located. For example, the Jefferson County Clerk and Recorder's Office issues judgment lien records online through a third-party vendor, by mail by completing the Records Request Form, and in person during business hours (Monday to Friday, 8:00 a.m. to 12 p.m., 1 p.m. to 5 p.m.).
• Justice Courts: Individuals can find judgment lien information at the Justice Court in the County where the lien was created. For example, the Missoula County Justice Court issues court records (including judgment lien information) by mail. The search costs $10 per name. Copies of records are charged at $1 per page for the first ten pages and $.50 per page for subsequent pages. Requesters must submit a request Form (doc or pdf ) to:

Missoula County Justice Court
Justice Court, Attn: Records
200 West Broadway Street
Missoula, MT 59802

• District Courts: Interested persons can conduct a judgment lien search at the District Court in the County where the Certification of Transcript of Judgment was filed. Most District Courts issue court records in person and by mail. For example, the Cascade County Clerk of District Court permits requesters to request court records (including judgment lien records) in person or by mail. Mail requesters must submit a completed Form, including a self-addressed stamped return envelope and a cashier's check or money order, to the office. The court charges $1 per page for the first ten pages and $.50 cents per page thereafter.

How to Get a Lien Release in Montana

A lien release is an official document used to terminate a lien or claim on a property. The lienholder must fill out a Lien release letter to that effect as stated by law. Depending on the lien type, there are different ways to get released in Montana. For example:

Per MCA 61-3-103(5), failure to file a lien satisfaction within 21 days after receiving debt payment attracts a penalty fee. The lienholder must complete a Release of Security Interest or Lien form (Form MV37A) when a debtor fully pays the vehicle loan. Alternatively, they can provide a lien release on letterhead with a full vehicle description and lien information. The requester must mail the Form or letterhead to the Montana Vehicle Services Bureau at:

P.O. Box 201431
302 N Roberts
Helena, MT 59620-1431
Phone: (406) 444-3661
Fax: (406) 444-0116
Email: mvdtitleinfo@mt.gov

The lienholder will release the judgment lien when the judgment is satisfied. The Justice Court in the County where the judgment lien must be notified in writing of the satisfaction. Most County Justice Courts have downloadable Satisfaction of Judgment forms that must be completed and mailed to the office. For example, the Park County Justice Court has a Satisfaction of Judgment form that must be sent to the office immediately after a judgment is paid.