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42.20.205    ACCURACY OF REALTY TRANSFER CERTIFICATE

(1) The name of the grantor (seller) reflected on the RTC must be identical to the name of grantor (seller) reflected on the accompanying deed.

(2) The name of the grantee (buyer) reflected on the RTC must be identical to the name of the grantee (buyer) reflected on the deed.

(3) Breaks in the chain of title must be corrected. Until the break in the chain of title is corrected through the filing of reliable information, the property will be carried on the property tax record in the name of the previous owner, in care of the new owner (grantee) . RTCs that bridge the break in the chain of title must be filed. After the RTC(s) is filed, which bridges the break in title, the new owner's name (grantee) will be placed on the property tax roll in place of the previous owner's name. Name identification and name abbreviation inaccuracies in (1) and (2) may be corrected through the submission of an affidavit available at the department. If, in the judgment of the local department office, there is sufficient evidence to suggest the RTC is inaccurately completed or that a transaction is not exempt from reporting sales information, the department will return the RTC to the filer. The inaccurate information will be identified and the filer will be required to correct the inaccuracy and to resubmit the RTC.

History: 15-1-201, MCA; IMP, 15-7-304, 15-7-306, MCA; NEW, 1985 MAR p. 2019, Eff. 12/27/85; AMD, 1996 MAR p. 1172, Eff. 4/26/96; AMD, 2002 MAR p. 3723, Eff. 12/27/02.

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