53-6-177. Action to challenge issuance of writ of execution. - Montana Statutes

     53-6-177. Action to challenge issuance of writ of execution. A person with a recorded interest in or residing lawfully upon the real property described in an application filed under 53-6-175, including the recipient or recipient's estate or a co-owner, purchaser, grantee, encumbrancer, mortgagee, or lienholder, or any person described in 53-6-171(1)(b) or 53-6-178(2) or (3), may, within 60 days of mailing or service of notice or first publication of notice as provided in 53-6-176, file an action in the district court in the county in which the real property is located challenging the requested issuance of a writ of execution. The court shall determine the validity or invalidity of the department's lien and order appropriate relief, including issuance of the writ or denial of the application for issuance of the writ.

     History: En. Sec. 14, Ch. 492, L. 1995.