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Montana Foreclosure Laws

Judicial Yes
Non-Judicial Yes
Process Period 150 Days
Sale Publication 50 Days
Redemption Period None
Sale / NTS Trustee

Judicial Foreclosures: For an in-court preceding the court decides an appropriate amount and time in which the borrower must pay to the lender to avoid going in to foreclosure. If the borrower does not pay the debt in the time allotted the lender issue a notice of foreclosure sale.

Non-Judicial Foreclosures: In the state of Montana most foreclosures are held out-of-court, this occurs when the mortgage deed of trust allows the lender to sell the property if the borrower defaults. The lender can begin this process by filing a notice of sale. The sale must be at least 120 days after this notice is filed. The lender is not required to mail a default notice to the borrower before the notice of sale unless the mortgage state otherwise. Anytime before the sale the borrower can stop the foreclosure process by paying the full amount owed along with any related costs.

Sale: A notice of sale must be posted on the property at least 20 days prior to the sale, and the borrower must receive this notice 120 days before the sale is set to take place, and must also be published once a week for three consecutive weeks in a local newspaper. The sale will be conducted through a public auction with the property going to the highest bidder. The winning bidder will receive a deed transferring ownership and they can take possession of the property 10 days following the sale.

Additional Information on Montana Foreclosure