reglab/housing_qa huggingface dataset:
MT Code § 71-1-206 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-206. Future advances

  71-1-206. Future advances. (1) The amount of future advances or total indebtedness that may be outstanding at any given time and subject to mortgage protection must be stated in the mortgage. The mortgagee may reserve the right, at the mortgagee's option, to refuse to make all or any part of a future advance. The total amount of indebtedness that may be secured by the mortgage may decrease or increase from time to time, but the total principal amount of the obligations secured at any one time may not exceed the face amount stated in the mortgage together with interest as provided in the instrument secured by the mortgage.   (2) The lien for the stated amount of future advances or total indebtedness shall, notwithstanding the fact that from time to time during the term of the mortgage no indebtedness is due from the mortgagor to the mortgagee, have priority to the same extent as if the amount thereof had been actually advanced by the mortgagee to the mortgagor at the time of the execution of the mortgage. The lien extends to interest as provided in the instrument secured by the mortgage.   (3) The mortgagee shall, upon demand of the mortgagor or a creditor, furnish a statement of all such advances and amounts paid on the principal sum secured, provided such statement shall not impair or affect the lien created for all advances. Upon receipt of such statement or at any other time following the execution and delivery of the mortgage, the mortgagor may deliver written notice, duly acknowledged, to the mortgagee plainly stating that the mortgagor does not desire to request or apply for any future advances if none have been allowed or for any further advances if additional advances have in fact been theretofore allowed under the mortgage, clearly identifying the mortgage by reference to its date, the parties thereto, and the principal amount of the original indebtedness and the limit placed on contemplated future advances, if allowed. Upon the recording of such written notice by the mortgagor in the county and counties where the mortgage is recorded, the lien of the mortgage shall continue to have priority, but only for the aggregate amount of the indebtedness then existing, including any advances theretofore made, interest due, and other charges as evidenced by the original loan-contract and indebtedness thereafter accumulating on such basis, exclusive of any other future advances originally contemplated. The mortgagor retains the right to demand satisfaction of the mortgage at any time the balance is zero.   History: En. Sec. 3840, Civ. C. 1895; re-en. Sec. 5747, Rev. C. 1907; re-en. Sec. 8262, R.C.M. 1921; Cal. Civ. C. Sec. 2947; re-en. Sec. 8262, R.C.M. 1935; amd. Sec. 1, Ch. 150, L. 1949; R.C.M. 1947, 52-201(part); amd. Sec. 1, Ch. 351, L. 1985.
MT Code § 71-1-207 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-207. Recording of mortgages and assignments

  71-1-207. Recording of mortgages and assignments. (1) Mortgages of real property may be acknowledged or proved, certified, and recorded in the same manner and with the same effect as grants of real property.   (2) An assignment of a real estate mortgage may be recorded in the same manner as a real estate mortgage, and the record operates as legal notice to the mortgagor and all persons subsequently deriving title to the mortgage from the assignor as well as to all other persons, including subsequent purchasers, encumbrancers, mortgagees, or other lienholders. An assignment must contain the assignee's post-office address at the assignee's place of residence and may not be recorded or filed unless it contains the post-office address.   History: (1)En. Sec. 3844, Civ. C. 1895; re-en. Sec. 5751, Rev. C. 1907; re-en. Sec. 8266, R.C.M. 1921; Cal. Civ. C. Sec. 2952; re-en. Sec. 8266, R.C.M. 1935; Sec. 52-205, R.C.M. 1947; (2)En. Sec. 3823, Civ. C. 1895; re-en. Sec. 5744, Rev. C. 1907; re-en. Sec. 8259, R.C.M. 1921; Cal. Civ. C. Sec. 2934; amd. Sec. 1, Ch. 14, L. 1925; amd. Sec. 1, Ch. 159, L. 1935; re-en. Sec. 8259, R.C.M. 1935; amd. Sec. 11-131, Ch. 264, L. 1963; Sec. 52-114, R.C.M. 1947; R.C.M. 1947, 52-114, 52-205; amd. Sec. 2240, Ch. 56, L. 2009.
MT Code § 71-1-208 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-208. Recording of subordination or waiver agreements

  71-1-208. Recording of subordination or waiver agreements. A subordination agreement or a waiver in favor of subsequent purchasers, encumbrancers, or mortgagees as regards any real estate mortgage of record or the property therein included may be recorded in like manner as a real estate mortgage, and such record shall operate as due and legal notice to the mortgagor and the mortgagee and to all other interested persons. Any such subordination agreement or waiver shall be valid and binding so far as the mortgage therein referred to or the property covered by such mortgage is concerned, when executed by the record holder of the mortgage involved.   History: En. Sec. 1, Ch. 126, L. 1937; amd. Sec. 11-132, Ch. 264, L. 1963; R.C.M. 1947, 52-116.
MT Code § 71-1-209 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-209. Recording defeasance necessary to affect grant

  71-1-209. Recording defeasance necessary to affect grant. When a grant of real property purports to be an absolute conveyance but is intended to be defeasible on the performance of certain conditions, the grant is not defeated or affected as against any person other than the grantee or the grantee's heirs or devisees or persons having actual notice unless an instrument of defeasance, duly executed and acknowledged, has been recorded in the office of the county clerk of the county where the property is situated.   History: En. Sec. 3843, Civ. C. 1895; re-en. Sec. 5750, Rev. C. 1907; re-en. Sec. 8265, R.C.M. 1921; Cal. Civ. C. Sec. 2950; re-en. Sec. 8265, R.C.M. 1935; R.C.M. 1947, 52-204; amd. Sec. 2241, Ch. 56, L. 2009.
MT Code § 71-1-210 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-210. Period of mortgage -- renewal

  71-1-210. Period of mortgage -- renewal. A mortgage of real property made, acknowledged, and recorded as provided by the laws of this state is good against all from the time it is recorded until 8 years after the maturity of the entire debt or obligation secured and no longer unless the mortgagee or the mortgagee's heirs, executors, administrators, representatives, or assigns, within 60 days after the expiration of the 8 years, file in the office of the county clerk where the mortgage is recorded an affidavit setting forth the date of the mortgage, when and where recorded, the amount of the debt secured, and the amount remaining unpaid and that the mortgage is not renewed for the purpose of hindering, delaying, or defrauding creditors of the mortgagor or owner of the land. Upon the filing of the affidavit, the mortgage is valid against all persons for an additional 8 years.   History: En. Sec. 1, Ch. 27, L. 1913; re-en. Sec. 8267, R.C.M. 1921; amd. Sec. 1, Ch. 104, L. 1933; re-en. Sec. 8267, R.C.M. 1935; R.C.M. 1947, 52-206; amd. Sec. 2242, Ch. 56, L. 2009.
MT Code § 71-1-211 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-211. Satisfaction of mortgage -- record thereof

  71-1-211. Satisfaction of mortgage -- record thereof. (1) A mortgage must be discharged upon the record by the county clerk in whose custody it is recorded whenever there is presented to the clerk a certificate executed by the mortgagee or the mortgagee's personal representative or assignee, acknowledged or proved and certified as prescribed in this chapter that entitles a conveyance to be recorded, specifying that the mortgage has been paid or otherwise satisfied or discharged.   (2) Every certificate and the proof and acknowledgment must be recorded at full length, and a reference must be made to the book and page containing the record in the mortgagor and mortgagee indexes as to the discharge of the mortgage.   History: En. Secs. 37, 38, p. 485, Bannack Stat.; re-en. Secs. 37, 38, p. 402, Cod. Stat. 1871; re-en. Secs. 214, 215, 5th Div. Rev. Stat. 1879; re-en. Secs. 272, 273, 5th Div. Comp. Stat. 1887; re-en. Secs. 3846, 3847, Civ. C. 1895; re-en. Secs. 5753, 5754, Rev. C. 1907; re-en. Secs. 8269, 8270, R.C.M. 1921; Cal. Civ. C. Secs. 2939, 2940; re-en. Secs. 8269, 8270, R.C.M. 1935; R.C.M. 1947, 52-208, 52-209; amd. Sec. 1, Ch. 127, L. 1981; amd. Sec. 2243, Ch. 56, L. 2009.
MT Code § 71-1-212 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-212. Penalties for failure to give certificate of discharge or release after full performance

  71-1-212. Penalties for failure to give certificate of discharge or release after full performance. After the full performance of the conditions of a mortgage and whether before or after a breach of the mortgage, a mortgagee or the personal representative or assignee of the mortgagee who refuses or neglects to execute, acknowledge, and deliver to the mortgagor a certificate of discharge or release of the mortgage within 90 days after a request for one is liable to the mortgagor or the mortgagor's heirs or assigns in the sum of $500 and all actual damages resulting from the neglect or refusal.   History: En. Sec. 39, p. 486, Bannack Stat.; re-en. Sec. 39, p. 402, Cod. Stat. 1871; re-en. Sec. 216, 5th Div. Rev. Stat. 1879; re-en. Sec. 274, 5th Div. Comp. Stat. 1887; re-en. Sec. 3748, Civ. C. 1895; re-en. Sec. 5755, Rev. C. 1907; amd. Sec. 1, Ch. 173, L. 1921; re-en. Sec. 8271, R.C.M. 1921; Cal. Civ. C. Sec. 2941; re-en. Sec. 8271, R.C.M. 1935; R.C.M. 1947, 52-210(part); amd. Sec. 1, Ch. 30, L. 2001; amd. Sec. 96, Ch. 2, L. 2009.
MT Code § 71-1-213 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-213. Discharge or release by other than mortgagee

  71-1-213. Discharge or release by other than mortgagee. (1) If a discharge or release is made by the personal representative of the mortgagee, it must be accompanied by a certified copy of the personal representative's authority unless the authority is already recorded in the office of the county clerk and recorder where the mortgage is recorded.   (2) If the discharge or release is made by an assignee, it must be accompanied by the assignment of the mortgage unless the assignment is already recorded in the office of the county clerk and recorder where the mortgage is recorded.   (3) If the discharge or release is executed by an attorney-in-fact, the discharge or release must have attached to it the power of attorney under which it is made unless the power of attorney is already recorded in the office of the county clerk and recorder where the mortgage is recorded.   (4) If the discharge or release is executed by the heir or heirs of the mortgagee, the discharge or release must be accompanied by a certified copy of an order or decree of a court of competent jurisdiction showing the authority unless the order or decree is already recorded in the office of the county clerk and recorder where the mortgage is recorded.   (5) Foreign administrators and executors may discharge or release mortgages of record in Montana if the discharge or release of mortgages is accompanied by an authenticated copy of their letters of administration or letters testamentary, with the certificate of the clerk of the court in which the appointment was made that the letters have not been revoked and are in full force. The certificate and certified copy of letters must be recorded with the discharge or release of the mortgage. When presented and recorded, the discharge or release has the same effect as if the mortgage was discharged or released by the mortgagee.   History: En. Sec. 39, p. 486, Bannack Stat.; re-en. Sec. 39, p. 402, Cod. Stat. 1871; re-en. Sec. 216, 5th Div. Rev. Stat. 1879; re-en. Sec. 274, 5th Div. Comp. Stat. 1887; re-en. Sec. 3748, Civ. C. 1895; re-en. Sec. 5755, Rev. C. 1907; amd. Sec. 1, Ch. 173, L. 1921; re-en. Sec. 8271, R.C.M. 1921; Cal. Civ. C. Sec. 2941; re-en. Sec. 8271, R.C.M. 1935; R.C.M. 1947, 52-210(part); amd. Sec. 1, Ch. 11, L. 1979; amd. Sec. 2244, Ch. 56, L. 2009.
MT Code § 71-1-214 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-214. through 71-1-220 reserved

  71-1-214 through 71-1-220 reserved.
MT Code § 71-1-221 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-221. Definition of foreclosure

  71-1-221. Definition of foreclosure. The term "foreclosure" for the purpose of this part shall include sale or possession of real property made or taken whether by judicial proceedings or otherwise.   History: En. Sec. 2, Ch. 2, L. 1935; re-en. Sec. 9473.2, R.C.M. 1935; R.C.M. 1947, 93-6009.
MT Code § 71-1-223 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-223. Power of sale

  71-1-223. Power of sale. When a real estate mortgage confers a power of sale, either upon the mortgagee or any other person, to be executed after a breach of the obligation for which the mortgage is a security, either an action may be maintained under this part to foreclose or proceedings may be had under the provisions of the mortgage.   History: En. Sec. 1293, C. Civ. Proc. 1895; re-en. Sec. 6864, Rev. C. 1907; re-en. Sec. 9470, R.C.M. 1921; re-en. Sec. 9470, R.C.M. 1935; amd. Sec. 11-167, Ch. 264, L. 1963; R.C.M. 1947, 93-6004.
MT Code § 71-1-224 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-224. Sale -- notice

  71-1-224. Sale -- notice. Real estate sold under a power of sale given and contained in a mortgage of real estate, except in a trust indenture as defined in the Small Tract Financing Act of Montana, shall be advertised for sale at least 30 days before the date fixed for such sale, in a newspaper in the county in which such real estate is situated, and in case there is no newspaper printed and published in said county, then by posting notices in at least five conspicuous places in said county, one of which notices must be posted on the land so advertised for sale. Two other notices must be posted in conspicuous places in the township in which said land is situated, one in such conspicuous place in said county as will be most likely to give notice to all persons interested in said sale, and one of said notices must be posted in a conspicuous place at the front door of the county courthouse of the county in which said land is located, and in addition to the publication or posting, as hereinbefore provided, notices of such sale must be served personally at least 30 days before the date fixed for such sale upon the occupant of the property so advertised for sale and upon the mortgagor if within the state of Montana and upon every person or persons having or claiming an interest of record in the real estate so advertised for sale who may be found within the state of Montana.   History: En. Sec. 1, Ch. 165, L. 1917; re-en. Sec. 9471, R.C.M. 1921; re-en. Sec. 9471, R.C.M. 1935; amd. Sec. 18, Ch. 177, L. 1963; R.C.M. 1947, 93-6005.
MT Code § 71-1-225 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-225. Surplus money from sale

  71-1-225. Surplus money from sale. If there be surplus money remaining after the payment of the amount due on the mortgage, lien, or encumbrance, with costs, the court may cause the same to be paid to the person entitled to it and in the meantime may direct it to be deposited in court.   History: En. Sec. 247, p. 186, L. 1867; re-en. Sec. 296, p. 92, Cod. Stat. 1871; re-en. Sec. 347, p. 136, L. 1877; re-en. Sec. 347, 1st Div. Rev. Stat. 1879; re-en. Sec. 359, 1st Div. Comp. Stat. 1887; re-en. Sec. 1291, C. Civ. Proc. 1895; re-en. Sec. 6862, Rev. C. 1907; re-en. Sec. 9468, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 727; re-en. Sec. 9468, R.C.M. 1935; R.C.M. 1947, 93-6002.
MT Code § 71-1-226 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-226. Proceedings when debt secured falls due at different times

  71-1-226. Proceedings when debt secured falls due at different times. If the debt for which the mortgage, lien, or encumbrance is held is not all due, as soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease; and afterward, as often as more becomes due, for principal or interest, the court may, on motion, order more to be sold. But if the property cannot be sold in portions without injury to the parties, the whole may be ordered to be sold in the first instance and the entire debt and costs paid, there being a rebate of interest where such rebate is proper.   History: En. Sec. 248, p. 186, L. 1867; re-en. Sec. 297, p. 92, Cod. Stat. 1871; re-en. Sec. 348, p. 136, L. 1877; re-en. Sec. 348, 1st Div. Rev. Stat. 1879; re-en. Sec. 360, 1st Div. Comp. Stat. 1887; re-en. Sec. 1292, C. Civ. Proc. 1895; re-en. Sec. 6863, Rev. C. 1907; re-en. Sec. 9469, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 728; re-en. Sec. 9469, R.C.M. 1935; R.C.M. 1947, 93-6003.
MT Code § 71-1-227 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-227. Injunction to prevent injury to property

  71-1-227. Injunction to prevent injury to property. The court may, by injunction, upon good cause shown, restrain the party in possession from doing any act to the injury of real property during the foreclosure of a mortgage thereon.   History: En. Sec. 240, p. 93, Bannack Stat.; re-en. Sec. 261, p. 188, L. 1867; re-en. Sec. 310, p. 95, Cod. Stat. 1871; re-en. Sec. 360, p. 139, L. 1877; re-en. Sec. 360, 1st Div. Rev. Stat. 1879; re-en. Sec. 372, 1st Div. Comp. Stat. 1887; re-en. Sec. 1318, C. Civ. Proc. 1895; re-en. Sec. 6878, Rev. C. 1907; re-en. Sec. 9496, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 745; re-en. Sec. 9496, R.C.M. 1935; R.C.M. 1947, 93-6220(part).
MT Code § 71-1-228 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-228. Rights of redemption applicable

  71-1-228. Rights of redemption applicable. All of the rights, powers, and privileges concerning the redemption from sales of real estate applicable to the sales of real estate under foreclosure proceedings or sales under execution shall be granted and allowed to sales of real estate under and by virtue of the power of sale contained in any mortgage or deed of trust in this state, except to sales of real estate under and by virtue of the power of sale conferred upon a trustee under a trust indenture as defined in the Small Tract Financing Act of Montana.   History: En. Sec. 2, Ch. 165, L. 1917; re-en. Sec. 9472, R.C.M. 1921; re-en. Sec. 9472, R.C.M. 1935; amd. Sec. 19, Ch. 177, L. 1963; R.C.M. 1947, 93-6006.
MT Code § 71-1-229 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-229. Possession of land prior to foreclosure upon default and during period of redemption

  71-1-229. Possession of land prior to foreclosure upon default and during period of redemption. The purchaser of land at mortgage foreclosure is not entitled to the possession of the land as against the execution debtor during the period of redemption allowed by law while the execution debtor personally occupies the land as a home for the execution debtor and the debtor's family. It is unlawful to insert in any mortgage of real estate any provision intended to constitute a waiver by the owner of real estate personally occupying land as a home for the owner and the owner's family of the provision of this section or any provision intended to give the mortgagee possession of the land or premises prior to foreclosure upon default of tax, principal, or interest payments. The intention of this section is to ensure to the owner the possession of the land prior to foreclosure and during the year of redemption.   History: En. Sec. 1, Ch. 230, L. 1921; re-en. Sec. 9449, R.C.M. 1921; amd. Sec. 1, Ch. 150, L. 1933; re-en. Sec. 9449, R.C.M. 1935; R.C.M. 1947, 93-5841(part); amd. Sec. 2, Ch. 11, L. 1979; amd. Sec. 2245, Ch. 56, L. 2009.
MT Code § 71-1-230 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-230. Action to redeem mortgage

  71-1-230. Action to redeem mortgage. An action to redeem a mortgage of real property, with or without an account of rents and profits, may be brought by the mortgagor or those claiming under the mortgagor against the mortgagee in possession or those claiming under the mortgagee unless the mortgagee in possession or those claiming under the mortgagee have continuously maintained an adverse possession of the mortgaged premises for 10 years after breach of some condition of the mortgage.   History: En. Sec. 521, C. Civ. Proc. 1895; re-en. Sec. 6454, Rev. C. 1907; re-en. Sec. 9044, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 346; re-en. Sec. 9044, R.C.M. 1935; R.C.M. 1947, 93-2616; amd. Sec. 2246, Ch. 56, L. 2009.
MT Code § 71-1-231 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-231. Redemption by multiple mortgagors

  71-1-231. Redemption by multiple mortgagors. If there is more than one mortgagor or more than one person claiming under a mortgagor, some of whom are not entitled to maintain an action under the provisions of 71-1-230 or Title 27, chapter 2, any one of them who is entitled to maintain an action may redeem in the action a divided or undivided part of the mortgaged premises as the person's interest appears, and have an accounting for a part of the rents and profits proportionate to the person's interest in the mortgaged premises on payment of a part of the mortgage money bearing the same proportion to the whole of the money as the value of person's divided or undivided interest in the premises bears to the whole of the premises.   History: En. Sec. 522, C. Civ. Proc. 1895; re-en. Sec. 6455, Rev. C. 1907; re-en. Sec. 9045, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 347; re-en. Sec. 9045, R.C.M. 1935; R.C.M. 1947, 93-2617; amd. Sec. 2247, Ch. 56, L. 2009.
MT Code § 71-1-232 (2021)
2021 Montana Code Annotated|Title 71. Mortgages, Pledges, and Liens|Chapter 1. Mortgages|Part 2. Mortgages of Real Property|71-1-232. Deficiency judgment not allowed on foreclosure of purchase price mortgage

  71-1-232. Deficiency judgment not allowed on foreclosure of purchase price mortgage. Upon the foreclosure of any mortgage, executed to any vendor of real property or to the vendor's heirs, executors, administrators, or assigns for the balance of the purchase price of the real property, the mortgagee is not entitled to a deficiency judgment on account of the mortgage or note or obligation secured by the mortgage.   History: En. Sec. 1, Ch. 2, L. 1935; re-en. Sec. 9473.1, R.C.M. 1935; R.C.M. 1947, 93-6008; amd. Sec. 2248, Ch. 56, L. 2009.