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Owner's or Seller's Affidavit of No Liens - Montana

Owner's or Seller's Affidavit of No Liens - Montana 2025

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The document is an Owner's (Seller's) Affidavit from the state of Montana, where the sellers affirm their ownership and legal status regarding a property they are selling. It includes declarations about their age, marital status, absence of liens or debts related to the property, no pending lawsuits or bankruptcy proceedings, and confirms that there are no hidden structural defects or unrecorded easements. The affidavit also emphasizes the reliance of mortgagees and title insurance companies on the truthfulness of the statements made within it, with penalties for perjury outlined.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

What is the most common lien on property?

In real estate, a lien gives a lender the legal rights to the house until youve paid your mortgage in full. One of the most common examples of a house lien or property lien would be a mortgage.

How to prove no lien on property?

In most states, you can typically conduct a property lien search by address with the county recorder, clerk, or assessors office online. The search for liens is free, though you may have to pay a small fee for a copy of the report, which will vary by county.

What is a lien affidavit?

At its core, an affidavit lien is a binding legal document that could introduce complexities into real estate transactions. Typically, such a lien is recorded against a property by an individual or entity claiming a financial debt owed by the property owner.

Do liens have to be paid before closing?

The lien typically needs to be resolved before or during the sale to provide the buyer with a clear title. Buyers and lenders usually require assurance that the lien will not transfer with the property. Its possible to use the proceeds from the sale to pay off the lien.

What is a no lien affidavit?

An affidavit of no lien is beneficial for the purchaser of a property and the purchasers title insurance company because it ensures that the property being purchased does not have liens on it with amounts owing for materials, services, labor, etc.

What is a notice of intent to lien in Montana?

About Montana Notice of Intent to Lien Form If a party is refusing to pay your claim or ignoring your phone calls, sending a Notice of Intent to Lien to that party, the prime contractor and/or the property owner can let them know youre serious about collecting and prioritize your payment.

How do you bypass a lien?

The process for a voluntary lien removal is to pay off or satisfy the debt in some way. This could be paying it in full, refinance, settlement, or some other method. The lender will send you a release of lien document that states the debt is satisfied.

Owner's or Seller's Affidavit of No Liens - Montana 2025

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