Bulletin: MT2025001

Dear Associates:

The following are summaries of bills passed during the 2025 Montana legislative session which are of interest to the title insurance industry.

House Bill 192 – Increase in Recording Fees: This bill increased the fees charged by the County Clerk and Recorder for recording documents. The new fee is $20 for the first page and $10 for each additional page thereafter. Also, beginning July 1, 2027, the Department of Revenue has the ability to adjust future recording fees based on inflation factors. This bill is effective as of October 1, 2025.

House Bill 233 – Transfer of Title of Open Spaces to Homeowner's Association: This bill addresses open spaces, parks and other common-use areas set aside in the final plat of subdivision but never transferred to a Homeowner's Association. The bill establishes a process by which a Homeowner's Association may petition the governing body of a city, town, or county to have title to the common areas transferred to the Homeowner's Association. Approval of any such transfer must be recorded with the County Clerk and Recorder. This bill became effective as of April 17, 2025.

House Bill 520 – Clarifications regarding Family Transfer Parcels: This bill clarifies the restrictions with respect to Family Transfer Parcels and confirms that the holder of a Family Transfer Parcel may encumber the property with a mortgage or trust indenture to secure an obligation owed to another person or entity. The bill further provides that the transfer restrictions applicable to a Family Transfer Parcel do not apply in the event of a foreclosure or deed in lieu of foreclosure and that any person who acquires title via a foreclosure or deed in lieu of foreclosure may freely transfer or convey the land. This bill is effective as of October 1, 2025.

House Bill 785 – Manufactured Homes as Improvements to Real Property: This bill creates an alternative process for declaring manufactured homes as Improvements to Real Property. The alternative process applies to any manufactured home built prior to October 1, 2005, and for which the factory installed identification tags are removed or missing. This bill was effective as of May 8, 2025.

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