Bulletin: MT000007

Dear Associates:

It is not uncommon to find recorded or docketed Divorce Decrees that make provision for periodic payments for child support and similar matters that run until a certain date, or until a specified event occurs.

The State of Montana makes provisions for such periodic payments to be liens upon real property as follows:

Montana: MCA 25-9-301(3). When the judgment is for the payment of child support, the lien continues for 10 years from the termination of the support obligation unless the judgment is previously satisfied.

Such a recorded or docketed Divorce Decree or other Order of the Court providing for such payments should be viewed as giving potential notice of a judgment by operation of law.

You should make the requirement on all commitments issued where such a Divorce Decree is found against the owner of:

Delivery to the Company of a Certificate executed by ______________ evidencing that all periodic payments for child support and maintenance are current through the date of policy arising out of that certain Decree of Divorce between _________________ and ________________, filed in ______ District Court in and for the County of _______________, Civil Action No.________________,recorded [docketed] _______________19 ____, as Instrument No. __________, indexed in Book ___________, at Page ____________.

If you have any questions on this procedure, please contact you District Office.