Summary of Montana's Foreclosure Laws

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If you are facing foreclosure in Montana, it’s important to understand some of the basics, including:

  • the most common type of foreclosure procedure (judicial v. nonjudicial) used in Montana
  • how much time you have to respond
  • your rights and protections in the process, and
  • what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of Montana foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic

State Rule

Most common type of foreclosure process

Nonjudicial under power of sale in deed of trust

Time to respond

Foreclosing party must personally serve occupant and homeowner with a 30-day notice before sale. Notice of sale must also be posted in five conspicuous places 30 days prior to the sale.

Reinstatement of loan before sale

The default can be cured and the loan reinstated at any time prior to sale (so long as the property is not more than 40 acres).

Redemption after sale

Available within one year after sale for judicial foreclosures; no right of redemption for nonjudicial foreclosures

Special protections for foreclosures involving high-cost mortgages

None

Special state protections for service members

Mont. Code. Ann. § 10-1-903

Deficiency judgments

Not allowed

Cash exempted in bankruptcy

None

Notice to leave after house is sold

Former owner may stay during one-year redemption period for judicial foreclosures. There is no right of redemption for nonjudicial foreclosures.

Foreclosure statutes

Mont. Code Ann. §§ 71-1-221 to 71-1-235 and §§ 71-1-301 to 71-1-321

by: , J.D.

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