HOUSE BILL NO. 383
INTRODUCED BY C. YOUNKIN
AN ACT REVISING THE KIND OF INFORMATION THAT A COUNTY CLERK MAY PROVIDE TO AN APPLICANT FROM THE CLERK'S RECORDS; ELIMINATING THE PROVISION THAT A COUNTY CLERK MAY BE PUNISHED FOR NEGLECTING OR REFUSING TO MAKE PROPERTY RECORD SEARCHES OR FOR PROVIDING INCOMPLETE INFORMATION FROM THOSE RECORDS; AND AMENDING SECTIONS 7-4-2621 AND 7-4-2623, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-4-2621, MCA, is amended to read:
"7-4-2621. Search of records. Upon the application of any person and upon the payment or tender of the applicable
fees therefor, the county clerk may:
(1) make searches for conveyances, mortgages, and all other instruments, papers, or notices recorded or filed in his the
county clerk's office; and
(2) furnish a certificate thereof, stating the names of the parties to such the instruments, papers, and notices; the dates
thereof of the instruments; the year, month, day, hour, and minute they were recorded or filed; the extent to which they
purport to affect the property to which they relate; and the book and pages where they are recorded."
Section 2. Section 7-4-2623, MCA, is amended to read:
"7-4-2623. Liability of clerk relating to duties as recorder. A county clerk is liable to the party aggrieved for three
times the amount of the damages which that may be occasioned thereby result and is punishable as provided in this code if
the county clerk, as ex officio recorder to whom an instrument, proved or acknowledged according to law, or any paper or
notice which may be recorded by law is delivered for record:
(1) neglects or refuses to record such the instrument, paper, or notice within reasonable time after receiving the same
receipt;
(2) falsely records any instruments, papers, or notices untruly an instrument or records an instrument in any other
manner than as hereinbefore directed in this part;
(3) neglects or refuses to keep in his the clerk's office such indexes as that are required by this part or to make the
proper entries therein in the indexes; or
(4) neglects or refuses to make the searches and to give the certificates required by this part or if such searches or
certificates are incomplete or defective when such incompleteness or defect is due to his direct responsibility particularly
affecting the property in respect to which it is requested;
(5)(4) alters, changes, or obliterates any records deposited in his the clerk's office or inserts any new matter therein in
the records."
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Latest Version of HB 383 (HB0383.ENR)
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