Difference between revisions of "MT Underwriting References"
Aliciajones (talk | contribs) (Created page with "==Agency== ===Powers of Attorney=== ===Corporate Authority=== ==Agreement for Deed== ==Agreement Not to Transfer or Encumber== ==Agreements== ==Agricultural Lands== ==Alien La...") |
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==Indian Titles== | ==Indian Titles== | ||
==Judgments and Liens== | ==Judgments and Liens== | ||
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+ | In Montana, Civil Judgment Liens become a lien upon all property, including all real property owned or acquired by the Judgment Debtor, when the judgment is docketed by the clerk (25-9-301 (1) M.C.A.). Since the definition of Public Records in Montana includes “any medium and is retrievable in usable form …designated for retention by the state records committee, judicial branch, legislative branch, or local government records committee” (2-6-1002 (13) M.C.A.), judgments become a lien upon the property of the judgment debtor when docketed. When fines or costs are levied against a defendant in a criminal case, those fines or costs are a lien when docketed. When searching the records in a particular county, the abstractor is required to search the records in the county clerk/recorder's office, as well as in any local courts. Both civil and criminal court judgments may be indexed in the court records. Although no specific M.C.A. section specifies criminal fines and costs become a lien on real property, Section 46-19-102 M.C.A. specifies that criminal fines imposed by a criminal judgment may be executed upon in the same manner as a judgment in a civil case. | ||
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==Land Trust== | ==Land Trust== | ||
==Leases == | ==Leases == |
Latest revision as of 10:52, 4 December 2018
Contents
- 1 Agency
- 2 Agreement for Deed
- 3 Agreement Not to Transfer or Encumber
- 4 Agreements
- 5 Agricultural Lands
- 6 Alien Land Ownership
- 7 Aliens Ineligible To Citizenship
- 8 Alteration of Instruments
- 9 Bankruptcy
- 10 Cemeteries
- 11 Chattel and Crop Mortgages
- 12 Churches
- 13 Common Law Syndicates or Trusts
- 14 Community and Separate Real Property
- 15 Condominiums, Homeowners’ Associations and Common Interest Developments
- 16 Construction Liens
- 17 Contracts for Sale
- 18 Conveyances
- 19 Corporations
- 20 Courts
- 21 Covenants, Conditions and Restrictions
- 22 Creditors’ Rights & Fraudulent Transfers
- 23 Deeds
- 24 Descriptions
- 25 Dissolution of Marriage
- 26 Easements
- 27 Eminent Domain
- 28 Entities
- 29 Escrows
- 30 Estates of Decedents
- 31 Federal Estate Tax
- 32 Federal Housing Administration Loans
- 33 Federal Land Bank Loans
- 34 Federal Tax Liens
- 35 Fissionable Materials Reservations
- 36 Flexible Purpose Corporations
- 37 Foreclosure Of Mortgages
- 38 Forfeiture
- 39 General Partnerships
- 40 Generally
- 41 Guardianship, Conservatorships and Other Protective Proceedings
- 42 Homestead
- 43 Identity of Persons
- 44 Incompetents & Minors
- 45 Indian Titles
- 46 Judgments and Liens
- 47 Land Trust
- 48 Leases
- 49 Letters of Indemnity Between Title Companies, Reliance on Mutual Indemnification Agreement
- 50 Life Estates
- 51 Maps
- 52 Marital Homestead in Probate Proceedings
- 53 Marital Property
- 54 Marketable Record Title Act & Curative Acts
- 55 Minerals
- 56 Missing Persons
- 57 Mobile homes, Manufactured Homes And Commercial Coaches
- 58 Mortgages & Deeds of Trust
- 59 Notary & Acknowledgments
- 60 Plats & Subdivisions
- 61 Plats And Streets
- 62 Pre-U.S. Land Grants (British, Spanish, Mexican, French, Russian)
- 63 Probate & Estates
- 64 Public Lands
- 65 Restrictions And Reverters
- 66 Servicemembers Civil Relief Act
- 67 Special Risks/Ultra-Hazardous Risks
- 68 Spousal Interests
- 69 State and Local Transfer Taxes
- 70 State Law Reservations
- 71 Streets
- 72 Surveys And Title Insurance
- 73 Tax Liens
- 74 Taxation And Tax Titles
- 75 Taxes And Assessments
- 76 Tenancies
- 77 Trusts And Trustees
- 78 Truth-In-Lending
- 79 Unauthorized Practice of Law
- 80 Uniform Commercial Code (UCC)
- 81 Uniform Federal Lien Registration Act
- 82 Usury
- 83 Utilities
- 84 Water And Water Rights
- 85 Waters And Watercourses
- 86 Zoning
Agency
Powers of Attorney
Corporate Authority
Agreement for Deed
Agreement Not to Transfer or Encumber
Agreements
Agricultural Lands
Alien Land Ownership
Aliens Ineligible To Citizenship
Alteration of Instruments
Bankruptcy
State Specific
General
Cemeteries
Chattel and Crop Mortgages
Churches
Common Law Syndicates or Trusts
Community and Separate Real Property
Condominiums, Homeowners’ Associations and Common Interest Developments
Construction Liens
Contracts for Sale
Conveyances
Corporations
Courts
Actions affecting Title
Due Process
Lis Pendens
Documenting the Record
Enforcement of Judgments
Servicemembers Civil Relief Act (Soldiers & Sailors)
Covenants, Conditions and Restrictions
Creditors’ Rights & Fraudulent Transfers
Deeds
Descriptions
Dissolution of Marriage
Easements
Eminent Domain
Entities
Escrows
Estates of Decedents
Federal Estate Tax
Federal Housing Administration Loans
Federal Land Bank Loans
Federal Tax Liens
Fissionable Materials Reservations
Flexible Purpose Corporations
Foreclosure Of Mortgages
Forfeiture
General Partnerships
Generally
Guardianship, Conservatorships and Other Protective Proceedings
Homestead
Identity of Persons
Incompetents & Minors
Indian Titles
Judgments and Liens
In Montana, Civil Judgment Liens become a lien upon all property, including all real property owned or acquired by the Judgment Debtor, when the judgment is docketed by the clerk (25-9-301 (1) M.C.A.). Since the definition of Public Records in Montana includes “any medium and is retrievable in usable form …designated for retention by the state records committee, judicial branch, legislative branch, or local government records committee” (2-6-1002 (13) M.C.A.), judgments become a lien upon the property of the judgment debtor when docketed. When fines or costs are levied against a defendant in a criminal case, those fines or costs are a lien when docketed. When searching the records in a particular county, the abstractor is required to search the records in the county clerk/recorder's office, as well as in any local courts. Both civil and criminal court judgments may be indexed in the court records. Although no specific M.C.A. section specifies criminal fines and costs become a lien on real property, Section 46-19-102 M.C.A. specifies that criminal fines imposed by a criminal judgment may be executed upon in the same manner as a judgment in a civil case.