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Montana

Montana Code Annotated § 71-1-222. Non-Judicial foreclosure state.

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Judicial Type

Non-Judicial

Redemption

No statutory right of redemption after non-judicial foreclos

Deficiency

After non-judicial foreclosure under the Small Tract Financi

Mediation

No mandatory statewide program.

Statute Citation

Mont. Code Ann. §§ 71-1-222 to 71-1-233

Redemption Period

No statutory right of redemption after non-judicial foreclosure under the Small Tract Financing Act of Montana. The trustee's sale is final.

Deficiency Judgment Rule

After non-judicial foreclosure under the Small Tract Financing Act: deficiency is PROHIBITED by statute (Mont. Code Ann. § 71-1-229). This is a strong consumer protection — the lender cannot pursue the borrower for the remaining balance.

Notice Requirements

Notice of trustee sale recorded and published. Notice mailed by certified mail to borrower at least 120 days before the sale. Montana's 120-day notice requirement is among the longest in the country.

Mediation Program

No mandatory statewide program.

Key Provisions

  • Small Tract Financing Act governs residential non-judicial foreclosures
  • 120-day advance notice requirement
  • Deficiency PROHIBITED after non-judicial foreclosure
  • No redemption period after sale

Homeowner Protections

  • No deficiency after non-judicial foreclosure — very strong protection
  • 120-day notice provides substantial time for loss mitigation
  • Notice by certified mail ensures delivery

Frequently Asked Questions

Does Montana prohibit deficiency judgments?+
Yes, for non-judicial foreclosures under the Small Tract Financing Act, the lender cannot pursue a deficiency judgment after the trustee sale. The statute says the proceeds of the sale satisfy the debt in full regardless of the sale price. This is one of the strongest anti-deficiency protections in the country. However, this only applies to non-judicial (trustee) sales under the Act — it may not apply to loans not covered by the Act or to judicial foreclosures.
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