MT Underwriting References

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.