Montana Foreclosure Law
Montana foreclosures are conducted either in court or out of
court, depending on the existence of a power-of-sale clause in
the mortgage or deed of trust. The total foreclosure process
typically takes about 5-6 months.
Pre-foreclosure Period
In the case of an in-court foreclosure, the court decides the
appropriate amount due to the lender and gives the borrower a
certain amount of time to pay the debt. If the borrower does not
pay the debt, the lender issues a notice of foreclosure sale. An
out-of-court foreclosure, which is most common in Montana,
occurs when the terms of the mortgage or deed of trust allow the
lender to sell the property if the borrower defaults. The lender
starts the foreclosure process by filing a notice of sale with
the county recorder. The sale must be at least 120 days after
this notice is filed, but the lender is not required to mail a
default notice to the borrower before filing the notice of sale
unless the mortgage or deed of trust requires that. At any time
before the foreclosure sale, the borrower may satisfy the debt
by paying the full default amount plus costs and attorneys' fees
incurred. This stops foreclosure proceedings.
Notice of Sale / Auction
For out-of-court foreclosures, a copy of the notice of sale
is posted at the property in an obvious spot at least 20 days
before the sale. Additionally, notice of sale is mailed to the
borrower at least 120 days prior to the sale and must be
published once a week for three consecutive weeks in a local
newspaper. Foreclosure sales in Montana are by public auction,
with the property going to the highest bidder. The auction is
between 9 a.m. and 4 p.m. on the sale date at the county
courthouse. The winning bidder receives a deed transferring
ownership and can take possession of the property after 10 days.
The borrower has no rights of redemption and the lender may not
obtain a deficiency judgment against the borrower.
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