Removal of improper or fraudulent liens -- notice to secured party and debtor

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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.


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