71-3-205. Duties of filing officer. - Montana Statutes

     71-3-205. Duties of filing officer. (1) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (2) is presented to the filing officer and:
     (a) the filing officer is the secretary of state, the notice must be marked, held, and indexed in accordance with the provisions of 30-9A-519 as if the notice were a financing statement within the meaning of the Uniform Commercial Code; or
     (b) the filing officer is any other officer described in 71-3-204, the filing officer shall endorse on the document the filing officer's identification and the date and time of receipt and file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien, and the total amount appearing on the notice of lien.
     (2) If a certificate of release, nonattachment, discharge, or subordination of any lien is presented to the secretary of state for filing, the secretary of state shall:
     (a) cause a certificate of release or nonattachment to be marked, held, and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, except that the notice of lien to which the certificate relates may not be removed from the files; and
     (b) cause a certificate of discharge or subordination to be held, marked, and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.
     (3) If a refiled notice of federal lien referred to in subsection (1) or any of the certificates or notices referred to in subsection (2) is presented for filing with any other filing officer specified in 71-3-204, the filing officer shall permanently attach the refiled notice or the certificate to the original notice of lien and shall enter the refiled notice or the certificate, with the date of filing, in any alphabetical lien index on the line where the original notice of lien is entered.
     (4) Upon request of any person, the filing officer shall issue a certificate showing whether there is on file, on the date and hour stated in the certificate, any notice of lien or certificate or notice affecting the lien, filed on or after July 1, 1967, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate.

     History: En. Sec. 3, Ch. 228, L. 1967; R.C.M. 1947, 45-1503; amd. Sec. 4, Ch. 396, L. 1983; amd. Sec. 3, Ch. 156, L. 1987; amd. Sec. 154, Ch. 305, L. 1999.