Difference between revisions of "MT Underwriting References"

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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

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.

Land Trust

Leases

Letters of Indemnity Between Title Companies, Reliance on Mutual Indemnification Agreement

Life Estates

Creation & Recognition

Lady Bird Deeds

Maps

Marital Homestead in Probate Proceedings

Marital Property

Marketable Record Title Act & Curative Acts

Minerals

Missing Persons

Mobile homes, Manufactured Homes And Commercial Coaches

Mortgages & Deeds of Trust

Notary & Acknowledgments

Plats & Subdivisions

Plats And Streets

Pre-U.S. Land Grants (British, Spanish, Mexican, French, Russian)

Probate & Estates

Public Lands

Restrictions And Reverters

Servicemembers Civil Relief Act

Special Risks/Ultra-Hazardous Risks

Spousal Interests

Divorce

Joinder Requirements

State and Local Transfer Taxes

State Law Reservations

Streets

Vesting

Usage Rights

Abandonment & Vacation

Surveys And Title Insurance

Tax Liens

Federal Income and Other Taxes

Federal Estate Tax

State Income Tax

Property Tax

Other State and Local Taxes

Taxation And Tax Titles

Taxes And Assessments

Tenancies

Trusts And Trustees

Truth-In-Lending

Unauthorized Practice of Law

Uniform Commercial Code (UCC)

Uniform Federal Lien Registration Act

Usury

Utilities

Water And Water Rights

Waters And Watercourses

Zoning