70-28-213. Recording of notice by plaintiff and defendant. (1) The plaintiff shall, at the time of filing the complaint, and every defendant to claim or claiming any affirmative relief shall, at the time of filing an answer, record in the office of the county clerk and recorder of the county in which the property is situated a notice of the pendency of the action containing the object of the action or the defense and a particular description of the property affected by the action.
(2) The clerk and recorder shall record the filing in a book of the miscellaneous records of the clerk's office and shall make a reference as to the date and time of the filing of the notice and, when recorded, to the book and page record.
History: En. Sec. 9, Ch. 15, L. 1915; re-en. Sec. 9509, R.C.M. 1921; re-en. Sec. 9509, R.C.M. 1935; R.C.M. 1947, 93-6233; amd. Sec. 2211, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 28. Quieting Title to Real Property
Part 2. Property Granted to Heirs of Deceased Entryman -- Quiet Title
70-28-202. General procedural provisions applicable
70-28-203. Remedies cumulative
70-28-204. Executor, administrator, or guardian as party
70-28-206. Affidavit to accompany complaint
70-28-207. Summons -- issuance and form
70-28-208. Publication and posting of summons
70-28-209. Personal service of summons -- service by mail
70-28-210. Jurisdiction acquired by service -- complete
70-28-212. Time for appearance by defendant -- answer
70-28-213. Recording of notice by plaintiff and defendant
70-28-214. Default judgment prohibited -- proof and inquiry required
70-28-215. Judgment -- nature and effect -- recording
70-28-216. Subsequent action -- notice to original parties required