Montana Foreclosure Law Center
In the vast majority of foreclosures in Montana, the lender proceeds nonjudicially. This means it forecloses under a power of sale clause in the contract, and does not have to go to court. You, as the homeowner, still have the right to receive certain notices and to redeem the property (pay the entire mortgage off in order to keep the property) within a certain period of time. If the nonjudicial foreclosure goes through, the lender cannot seek a deficiency against you -- which means you won't be liable if the sale proceeds don't cover the full balance left on your mortgage. In the rare instance that the lender proceeds judicially (through court), the lender might be able to seek a deficiency in very limited situations. Below you can learn more about these and other foreclosure procedures in Montana.
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Summary of Montana's Foreclosure Laws
Topic State Rule Common type of foreclosure process
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Deficiency Judgments After Foreclosure in Montana
In Montana, if you go through foreclosure and the sale price is not enough to cover the balance of your
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Montana HOA and COA Foreclosures
If you live in a condominium, single-family house, or townhome that is part of a common interest community in Montana, you are most likely responsible for paying dues and assessments to a condominium association (COA) or homeowners’ association (HOA). If you don’t pay, the COA or HOA can usually
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Montana Timeshare Foreclosure and Right to Cancel Laws
Thinking of buying a timeshare in Montana? Learn about Montana laws designed to protect you. Under Montana law, timeshare sellers must provide you with a detailed disclosure (called a public offering statement) when you purchase a timeshare and you get the right to cancel the contract, so long as you
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If I Lose My Home to Foreclosure in Montana, Can I Get It Back?
Question My husband and I own a house near Missoula, Montana.
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Can I Reinstate My Mortgage to Save My Home From Foreclosure in Montana?
In Montana, there is a law on the books giving most homeowners who are facing a foreclosure the right to “reinstate” their loan (get current) after falling behind in payments. This will stop a foreclosure. To reinstate the loan, you have to pay the entire overdue amount, which is also known as “curing
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