30-9A-420. Removal of improper or fraudulent liens -- notice to secured party and debtor. (1) If a filing officer receives a complaint or has reason to believe that a lien submitted or filed with the filing officer's office is improper or fraudulent, the filing officer may reject the submission or remove the filing from existing files after giving notice and an opportunity to respond to the secured party and the debtor.
(2) A person adversely affected by a lien that is determined to be improper or fraudulent by the filing officer may recover treble damages from the person responsible for submitting the lien.
History: En. Sec. 4, Ch. 335, L. 1993; Sec. 30-9-432, MCA 1999; redes. 30-9A-420 by Code Commissioner, 2001; amd. Sec. 1, Ch. 69, L. 2007.
Structure Montana Code Annotated
Chapter 9A. Uniform Commercial Code Secured Transactions
Part 4. Rights of Third Parties
30-9A-401. Alienability of debtor's rights
30-9A-402. Secured party not obligated on contract of debtor
30-9A-403. Agreement not to assert defense against assignee
30-9A-404. Rights acquired by assignee -- claim and defenses against assignee
30-9A-405. Modification of assigned contract
30-9A-409. Restrictions on assignment of letter-of-credit rights ineffective
30-9A-410. through 30-9A-419 reserved
30-9A-420. Removal of improper or fraudulent liens -- notice to secured party and debtor