Montana

For homeowners facing foreclosure in Montana, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in Montana can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in Montana can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

In Montana, in a nonjudicial foreclosure, the trustee must send a notice of sale to the homeowner at least 120 days before the sale.

The trustee must also:

  • Post the notice on the property 20 days before the sale
  • Publish the notice in a local newspaper

If the mortgage is not covered by the Small Tract Financing Act (STFA), the trustee must personally serve the notice to the homeowner 30 days before the sale and publish it in a newspaper. If there is no newspaper in the county, they must post it on the property.

Montana Foreclosure Protections

Montana law provides protections in accordance with the federal Service Members Civil Relief Act.

Montana law also allows a court to postpone civil proceedings related to any service member nonpayment on a mortgage for a primary residence or to modify the amount due. This also applies to army or air national guard members serving full-time on state active duty for at least 14 consecutive days, if ordered by the governor, or on full-time national guard duty.

Reinstatement and Redemption

Under the STFA, the homeowner can reinstate at any time before the sale.

If the foreclosure is nonjudicial under the STFA, there is no right of redemption, yet if the sale is not under the STFA, the homeowner has one year to redeem the home after the sale.

Deficiency Law

In Montana, deficiency judgments are not allowed after a nonjudicial foreclosure of a trust indenture, or in a judicial foreclosure of a trust indenture for an occupied, single-family home.

Eviction Notice

In Montana, the buyer at the foreclosure sale is entitled to possession of the home ten days after the sale. If the former homeowner does not leave, the buyer may begin eviction proceedings. For information regarding how to avoid foreclosure in Montana, visit HUD.gov.

Montana

For homeowners facing foreclosure in Montana, the following is a summary of the state’s foreclosure laws:

Judicial Foreclosure

Foreclosures in Montana can be judicial, meaning the bank must file a lawsuit in court in order to foreclose.

Nonjudicial Foreclosure

Foreclosures in Montana can also be nonjudicial but a court must confirm the sale.

Foreclosure Notification

In Montana, in a nonjudicial foreclosure, the trustee must send a notice of sale to the homeowner at least 120 days before the sale.

The trustee must also:

  • Post the notice on the property 20 days before the sale
  • Publish the notice in a local newspaper

If the mortgage is not covered by the Small Tract Financing Act (STFA), the trustee must personally serve the notice to the homeowner 30 days before the sale and publish it in a newspaper. If there is no newspaper in the county, they must post it on the property.

Montana Foreclosure Protections

Montana law provides protections in accordance with the federal Service Members Civil Relief Act.

Montana law also allows a court to postpone civil proceedings related to any service member nonpayment on a mortgage for a primary residence or to modify the amount due. This also applies to army or air national guard members serving full-time on state active duty for at least 14 consecutive days, if ordered by the governor, or on full-time national guard duty.

Reinstatement and Redemption

Under the STFA, the homeowner can reinstate at any time before the sale.

If the foreclosure is nonjudicial under the STFA, there is no right of redemption, yet if the sale is not under the STFA, the homeowner has one year to redeem the home after the sale.

Deficiency Law

In Montana, deficiency judgments are not allowed after a nonjudicial foreclosure of a trust indenture, or in a judicial foreclosure of a trust indenture for an occupied, single-family home.

Eviction Notice

In Montana, the buyer at the foreclosure sale is entitled to possession of the home ten days after the sale. If the former homeowner does not leave, the buyer may begin eviction proceedings. For information regarding how to avoid foreclosure in Montana, visit HUD.gov.

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