Montana Code Annotated 2001

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     71-3-541. Priority among holders of construction liens. (1) There is equal priority between or among construction lien claimants who contribute to the same real estate improvement project, regardless of the date on which each lien claimant first contributed services or materials and regardless of the date on which he filed his notice of lien. When the proceeds of a foreclosure sale are not sufficient to pay all construction lien claimants in full, each claimant will receive a pro rata share of the proceeds based on the amount of his respective lien.
     (2) Construction liens attaching at different times have priority in the order of attachment.

     History: En. Sec. 11, Ch. 202, L. 1987.

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