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Deeds in Montana are legally binding documents used for land transfers in the state of Montana. There must be a grantor and a grantee named in the deed, as well as the property description. Furthermore, a notary must acknowledge whether the deed was properly signed. Thereafter, the deed will need to be recorded with the clerk and recorder of the county in which the property is situated.
Laws Title 70 (Property), Chapters 20 and 21
Realty Transfer Certificate (M.C.A. 15-7-305)- Each transfer of real estate requires filing with the Department of Revenue. Form 488 details the transaction, while Form 640 certifies the water rights of the property.
Recording (M.C.A. 70-21-201) It is necessary to file all documents with the County Clerk and Recorder's Office in the area where the property is situated.
Signature requirements (M.C.A. 70-21-203) Grantors' signatures must be witnessed by a notary public.
General Warranty: A general warranty deed is expected to give an assurance from the seller to the buyer of the state of the title specifically that there are no mysterious deformations n the title and that the shipper has the legitimate situation to sell the property.
Quitclaim: A quit claim gives no assurance as to title or legal situation to sell. It is by and large anticipated used in close conditions between direct relations or between related substances.
Special Warranty: A Special warranty deed is in an assurance and a quitclaim. It gives a limited warranty just to the degree grantors obligation regarding property, yet not before the individual being referred to acquired the property.
In Montana, you should begin your property search with the county clerk and recorder in the county in which the property you are interested in, is located. An extensive title search consists of reviewing all the transfers of the property over a period of 50 years to determine if there are ambiguities in the ownership. The idea is to look for obstructions to your interest in a property. It is possible to search properties online in some counties, but subscription fees may apply. You can use the following example to start an online search in one of the counties in Montana.
Stage 1: Navigate to this page to find the relevant links for your county.
Stage 2: Click on the county where your property is situated. In this example, we’re going to be using Casscade County.
Stage 3: Look for the Clerk and Recorders page, For our example, you’ll click on workspaces.
Stage 4: Click on Land Records and you will be taken to an area where you’ll need to subscribe before you can proceed with the property title search. Subscribe and continue.