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.