71-3-122. Lien extinguished by statute of limitations. A lien is extinguished by the lapse of the time within which, under the provisions of Title 27, an action can be brought upon the principal obligation.
Montana Code Annotated
Mont. Code Ann. § 71-3-122 (2026)
Lien Extinguished By Statute Of Limitations
✓ current as of May 2026
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TITLE 71. MORTGAGES, PLEDGES, AND LIENS
CHAPTER 3. LIENS
Part 1. General Provisions
Lien Extinguished By Statute Of Limitations
History: En. Sec. 3792, Civ. C. 1895; re-en. Sec. 5728, Rev. C. 1907; re-en. Sec. 8243, R.C.M. 1921; Cal. Civ. C. Sec. 2911; Field Civ. C. Sec. 1605; re-en. Sec. 8243, R.C.M. 1935; R.C.M. 1947, 45-306.
Notes of Decisions
Cited in 1
case, 2002–2002 · leading case: Bekkedahl v. McKittrick, 2002 MT 250 (Mont. 2002).
Bekkedahl v. McKittrick, 2002 MT 250 (Mont. 2002). “Then, the judgment could have been enforced against any of McKittrick’s assets, including those that were the subject of the trust action and the ten-year statute of limitations on judgments would have applied.”
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