Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
1. Understand Asset Categories
Identify the types of assets you seek. Common categories include:
- Real property (land, homes)
- Personal property (vehicles, equipment)
- Bank and brokerage accounts
- Business interests (LLCs, corporations)
- Intellectual property, life insurance, retirement plans
2. Search Real Property Records
Montana records deeds and mortgages at each county clerk and recorder office. Many counties offer online searches via their official websites. You can also search by owner name, parcel number or legal description.
To place or check for judgment liens on real property, review Mont. Code Ann. § 25-13-602 at the Montana Code Annotated: leg.mt.gov.
3. Review UCC and Business Filings
Personal property secured by financing statements appears in the Uniform Commercial Code (UCC) registry. Montana’s UCC filings are maintained by the Secretary of State.
Visit the UCC search portal: ucc.mt.gov. For statutory details, see Mont. Code Ann. Title 30, Ch. 1, Part 9: leg.mt.gov.
4. Check Vehicle and Vessel Records
The Motor Vehicle Division of Montana’s Department of Justice records liens and ownership for cars, boats and trailers. You can request certified records by completing Form MV36C.
Statute reference: Mont. Code Ann. § 61-3-110 (Duties of registrar). Search at leg.mt.gov.
5. Locate Bank and Investment Accounts
Banks and brokerage firms do not publicly disclose account holders. To obtain records, you generally need a subpoena or court order under Mont. R. Civ. P. Rule 27 or post-judgment discovery under Title 25, Chapter 13.
6. Search Secretary of State’s Business Index
For corporate and LLC interests, use the Montana Secretary of State’s business entity search. It lists current officers, registered agents and filing history.
7. Conduct Multistate Searches
If assets may lie outside Montana, use national databases and federal resources:
- Interstate Verification System (IVS) for vehicle records
- Financial Industry Regulatory Authority (FINRA) BrokerCheck for investment accounts
- National Insurance Producer Registry for insurance policies
8. Engage Professional Asset Locators
When public records or online searches prove insufficient, consider hiring a licensed private investigator or asset search firm. They access proprietary databases and perform field investigations.
Helpful Hints
- Start local: search county recorder and assessor websites first.
- Use exact legal names and known aliases in all searches.
- Request certified copies of documents to verify authenticity.
- Track statute deadlines—some lien searches require filings within specific timeframes.
- Document each search step to demonstrate due diligence in court.
- Consult an attorney before issuing subpoenas or court orders.