A lien (pronounced lean) is a legal right, claim, or interest in another person’s property that remains until a debt is paid or an obligation is fulfilled. For example, a lien may be placed on real property to secure a contractor’s claim for payment for work or materials provided to improve the property (a mechanic’s lien) or by a homeowners’ association to secure payment for unpaid dues or assessments against an individual homeowner.
There are many different types of liens related to real property and the laws regarding these liens may vary from state to state.
In Montana (MT), a lien is a legal claim against property to secure payment for a debt or fulfillment of an obligation. One common type of lien is the mechanic's lien, which contractors, subcontractors, or suppliers can file against real property when they have not been paid for labor or materials used in improving the property. To enforce a mechanic's lien in Montana, the claimant must file a lien with the county clerk and recorder within 90 days after the last provision of labor or materials. Another type of lien is the homeowners' association (HOA) lien, which can be placed on a homeowner's property for unpaid association dues or assessments. The process and requirements for filing a lien, the duration of a lien, and the methods for enforcing or contesting a lien are governed by Montana state statutes, specifically Title 70, Chapter 7 for mechanic's liens and Title 70, Chapter 16 for general lien provisions. It is important for property owners and claimants to understand these laws to protect their rights and interests regarding property liens.