I have sold my property effective 7/31/20. We fired a contractor for theft and they state they are filing a lein. We have every intent to assume the dollar amount of the lien. Thx
1 reply
Jul 17, 2020
Generally, once a mechanics lien is recorded, it becomes public record immediately. While it may take a day or two for a county’s online database to be updated, the county’s office may be able to prepare their physical records for public searching more rapidly. Once recorded, an attorney or title company performing a search should have no problem locating the lien in the county’s records. You can even search for a lien yourself by visiting the county’s office, or by using their online search tool if they offer one.
Mechanics liens in Montana are valid for two years from filing, if no action is taken to enforce or release the lien before then, the lien will expire and is no longer enforceable. It should be noted, however, that expired liens don’t just go away on their own, they will still need to be released, even if they can’t be enforced. Of course, if the dispute at hand is resolved, the lien should also be released. Releasing a recorded lien is typically the responsibility of the claimant who, in some cases, can face penalties for failing to remove a lien that is no longer valid.
Something else to keep in mind, liens in Montana must be served on the owner prior to being recorded. Service may be made “...by personal service on each owner or by mailing a copy of the lien by certified mail with return receipt requested to each owner’s last-known address.” Given this requirement, it’s likely you’ll receive some notice, so keep your eye out for anything you may receive indicating a lien is being filed.