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