Montana Code 15-7-305. Realty transfer certificate required
15-7-305. Realty transfer certificate required. (1) The county clerk and recorder shall require the parties to the transaction or their agents or representatives to complete a certificate declaring the consideration paid or to be paid for the real estate transferred.
Terms Used In Montana Code 15-7-305
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Real estate: includes :
(a)land;
(b)growing timber;
(c)buildings, structures, fixtures, fences, and improvements affixed to land. See Montana Code 15-7-303
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Transfer: means an act of the parties or of the law by which the title to real property is conveyed from one person to another. See Montana Code 15-7-303
(2)An instrument or deed evidencing a transfer of real estate may not be accepted for recordation until the certificate has been received by the county clerk and recorder. The validity or effectiveness of an instrument or deed between the parties to it is not affected by failure to comply with the provisions in this part.
(3)(a) Except as provided in 85-2-423, the form of certificate must be prescribed by the department of revenue, and the department shall provide an adequate supply of forms to each county clerk and recorder in the state.
(b)The department shall coordinate with the department of natural resources and conservation and the water court to develop water right ownership update forms. The water right ownership update form must be part of or attached to the realty transfer certificate.
(4)The clerk and recorder shall prepare a certificate for each contract for deed filed for recording.
(5)The clerk and recorder shall transmit each executed certificate to the department.