- August 17, 1994
- All Policy Issuing Agents, Offices and Approved Attorneys - Montana
- Judgments Arising out of Divorce Decrees
It is not uncommon to find recorded or docketed Divorce Decrees that make provision for periodic payments for child support and similar matters that run until a certain date, or until a specified event occurs.
The State of Montana makes provisions for such periodic payments to be liens upon real property as follows:
Montana: MCA 25-9-301(3). When the judgment is for the payment of child support, the lien continues for 10 years from the termination of the support obligation unless the judgment is previously satisfied.
Such a recorded or docketed Divorce Decree or other Order of the Court providing for such payments should be viewed as giving potential notice of a judgment by operation of law.
You should make the requirement on all commitments issued where such a Divorce Decree is found against the owner of:
Delivery to the Company of a Certificate executed by ______________ evidencing that all periodic payments for child support and maintenance are current through the date of policy arising out of that certain Decree of Divorce between _________________ and ________________, filed in ______ District Court in and for the County of _______________, Civil Action No.________________,recorded [docketed] _______________19 ____, as Instrument No. __________, indexed in Book ___________, at Page ____________.
If you have any questions on this procedure, please contact you District Office.
THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.