Montana Foreclosure
Montana Foreclosure Law allows for judicial and non judicial foreclosures. Deficiency judgment is sometimes allowed whereas right of redemption is not. Time line is higher at 150 days and both deed of trust and mortgage are treated as primary documents of security. Judicial foreclosure procedure allows a short time to borrowers to make their balance payments failing which foreclosure will progress to selling the house. Non judicial foreclosure follows power of sale or its guidelines. The guidelines require that notice be mailed (registered/certified) 120 days in advance of the sale, published for three weeks in local papers once a week and posted on the property at least 20 days before sale. Notice must be explicit about names of lender, borrower & trustee and default and the property as well as auction with date, time and place. Trustee conducts the auction and highest bidder will win. Postponement is allowed for a maximum of 15 days and announced at time and place of original auction.
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