Montana Foreclosure Timeline and Laws

Montana Foreclosure Process and Procedure

If you default on your mortgage, your lender can institute foreclosure proceedings against you and auction your property at a foreclosure sale.

Foreclosure in Montana is conducted by the preferred method of non-judicial foreclosure.

Lenders can also go to court for a judicial foreclosure proceeding by filing a lis pendens and complaint, which must be served on the borrower and any interested parties. The court must approve the sale.

Notice Requirements for Foreclosure in Montana

Prior to initiating a foreclosure, the lender must record the notice of sale with the county clerk in the county where the property is located 120 days prior to the sale, serve the notice on the borrower and interested parties by certified or registered mail and post the notice on the property at least 20 days prior to the sale. 

The notice must include a description of the default, the book and page of the trust deed, a breakdown of the foreclosure costs and fees, date, time and place of sale. It must be published in a newspaper of general circulation at least once a week for three weeks in the county in which the property is located.

Montana Deficiency and Anti-Deficiency Laws

Montana does not allow deficiency judgments.

Montana Redemption Rights

Montana has no post-sale statutory right of redemption.

Montana Assistance, Special Programs, Government Help, and Law Updates

Foreclosure Programs:

• Montana Foreclosure Avoidance Counseling -HUD

• The Home Affordable Mortgage Modification Program

• The Home Affordable Refinance Program

• The Home Affordable Foreclosure Alternatives Program

• FHA Secure

• Hope for Homeowners

Foreclosure Lawyer

Montana foreclosure laws are complex. It is recommended that you consult with a foreclosure lawyer who can advise you about options to avoid foreclosure including refinancing, reinstatement, deed in lieu, mortgage modification, short sale or bankruptcy.