2022 Montana Code Annotated
Title 70. Property
Chapter 21. Recording Transfers and Other Transactions Relating to Real Property
Part 3. Effect of Recording
70-21-309. Validation of conveyances recorded after defective execution -- notice imparted

Universal Citation: MT Code § 70-21-309 (2022)

70-21-309. Validation of conveyances recorded after defective execution -- notice imparted. (1) Any instrument affecting real property, provided no action is pending as of October 1, 1991, to set such instrument aside, which was, previous to January 1, 1991, recorded in the office of the county clerk and recorder shall be deemed to impart after that date notice of its contents to subsequent purchasers and encumbrancers, notwithstanding any technical defect, omission, or informality in the execution of the instrument or in the certificate of acknowledgment thereof or the absence of any such certificate; but nothing herein shall be deemed to affect the rights of purchasers or encumbrancers previous to January 1, 1991.

(2) Duly certified copies of the record of any such instrument may be read in evidence with like effect as copies of an instrument duly acknowledged and recorded.

History: En. Sec. 1, Ch. 147, L. 1973; R.C.M. 1947, 73-213; amd. Sec. 1, Ch. 476, L. 1981; amd. Sec. 2, Ch. 296, L. 1983; amd. Sec. 1, Ch. 284, L. 1991.

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