Bill

Bill > HB465


MT HB465

Generally revise lien laws and foreclosure


summary

Introduced
02/12/2025
In Committee
03/04/2025
Crossed Over
03/03/2025
Passed
Dead
05/22/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT REVISING LAWS RELATING TO ACTIONS TO FORECLOSE A LIEN; REQUIRING NOTICE; PROVIDING FOR FAILURE TO FILE A NOTICE OF ACTION; AND AMING SECTION 71-3-562, MCA.”

AI Summary

This bill modifies Montana's existing lien law (specifically section 71-3-562) by adding new requirements for filing a lien foreclosure action. Currently, actions related to liens must be commenced within 2 years of the lien's filing, but the bill now mandates that within 90 days after this 2-year limitation period, the person filing the lien action must file a detailed notice of action with the county clerk and recorder. This notice must include specific information such as the parties involved, the court where the action is located, the legal description of the real property, and the date the complaint was filed, with a copy of the complaint attached. Importantly, if a person fails to file this notice within the 90-day window after the 2-year limitation period, the lien will be automatically discharged. This new requirement appears designed to create more transparency and accountability in the lien foreclosure process, ensuring that property owners are promptly and clearly informed about potential legal actions against their property.

Committee Categories

Business and Industry, Justice

Sponsors (1)

Last Action

(H) Died in Standing Committee (on 05/22/2025)

bill text


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