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Foreclosure Evaluation & Ebook

  • Evaluate Your Situation (Form Below)

    Not many people know how to find the right solutions for their problem. This process will save time and answer many of your questions.

  • Explore All Possible Options

    After the evaluation, you will understand every possible option available for your exact situation. No more searching or worrying about finding a solution.

  • Avoid Further Loss or Judgments

    Regardless of what option you choose, our process takes every possible precaution to help you avoid further losses or deficiency judgments.

  • Recovery From Foreclosure

    Regardless of whether you keep your home, or walk away, we will take steps to help your credit and start the financial recovery.

  • Full Support & Accountability

    We take the problems of our visitors very seriously. We know your financial future is at risk and we pledge our full support to help you through these tough times.

Montana Foreclosure Laws

Expected Timeline: About five months
Security Instrument: Mortgage or Deed of Trust. Most single family properties secured with deed of trust.
Type of Process: Judicial or nonjudicial. Nonjudicial most commonly used in foreclosures.
Protections for Servicemembers: Mont. Code. Ann. § 10-1-903
Time to Respond: Lender must give homeowners a thirty day notice before sheriff sale.
Reinstatement Period: None.
Protections for High-Cost Mortgages: None.
Redemption Period: Redemption is allowed within one year of foreclosure auction.
Eviction Process: Must be initiated by lawsuit after redemption period has expired.
Deficiency Judgments: Allowed in judicial foreclosures.
Limits on Deficiency Judgments: Allowed on a purchase money mortgage only under judicial foreclosure procedures.
Cash Exempted in Bankruptcy: None.
State Statutes: Mont. Code Ann. § 71-1-222 to 71-1-235, 71-1-301 to 71-1-321

In Montana , the lender may pursue either a Judicial or Non-Judicial Foreclosure. If no power of sale clause is present in the original loan documents, the lender must sue the borrower in court to obtain a decree of the amount owed. The court will give the borrower a period of time to cure the default and will issue a notice of sale if the borrower does not satisfy the amount owed.

In the Non-Judicial Foreclosure process, a power of sale clause is present in the original mortgage documents. This clause authorizes the lender to sell the property in case the borrower defaults on the loan.

The sales process in Montana requires the notice of sale to be mailed by registered or certified mail to the borrower's last known address and posted on the property no less than twenty (20) days before the sale date. The notice must also be published for three (3) consecutive weeks in a local newspaper that is generally circulated in the county in which the property is located.

The notice of sale must contain a legal description of the property, the nature of the default, the book and page on which the deed is recorded, and the borrower, lender, and trustee information.

The lender's trustee conducts the sale as a public auction at the time and place specified in the notice of sale. The sale must take place between 9:00 AM and 4:00 PM . The sale may be postponed in Montana for up to fifteen (15) days, but a notice of postponement must be posted at the time and place of the originally scheduled sale.

In Montana , there is a redemption period after the sale for the borrower, and the lender is allowed to sue the borrower for a deficiency judgment.

State Website: www.leg.state.mt.us