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Montana · TitleMontana lis pendens: who may file and when buyers are charged with notice

In Montana, in an action affecting the title or right of possession of real property – or an action between spouses – the plaintiff may file a notice of the pendency of the action when filing the complaint or at any time afterward, and a defendant claiming affirmative relief may file one with the answer or later. The notice is filed in the office of the clerk and recorder of the county where the property lies and contains the names of the parties, the object of the action or defense and a description of the property in that county. Only from the time the notice is filed is a purchaser or encumbrancer of the property considered to have constructive notice of the pending action, and only of its pendency against parties designated by their real names (MCA 70-19-102). For a buyer, that means the county record – not the court docket alone – is what the title search relies on.

What the statutes set

  1. Who (MCA 70-19-102(1))

    The plaintiff with the complaint, or a defendant claiming affirmative relief.

  2. Where (MCA 70-19-102(1))

    The county clerk and recorder where the property lies.

  3. Effect (MCA 70-19-102(2))

    Constructive notice only from filing, and only against parties named by real names.

What the TC does when a Montana title search shows a lis pendens

  • Ask the title company what it needs – a cancellation, a discharge or a court order – to insure the closing.
  • Check the filing date and whether service followed within the statutory time.
  • Track the cancellation as a task and confirm it is recorded before closing.

Questions about Montana lis pendens

When does a Montana lis pendens bind a buyer?

Only from the time the notice is filed with the county clerk and recorder (MCA 70-19-102(2)).

Does a Montana lis pendens bind against a misnamed party?

Constructive notice extends only to the action's pendency against parties designated by their real names (MCA 70-19-102(2)).

Related guides

Track a lis pendens and its cancellation as tasks on the deal in ClosingCode.

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Source: MCA 70-19-102 (leg.mt.gov, MCA 2025), read October 30, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.