2023 Montana Code Annotated › Title 71. Mortgages, Pledges, and Liens › Chapter 1. Mortgages › Part 3. Small Tract Financing › 71-1-313. Conditions for foreclosure by advertisement and sale

71-1-313. (Temporary) Conditions for foreclosure by advertisement and sale.
The trustee may foreclose a trust indenture by advertisement and sale under this part if:
(1) the trust indenture, any assignments of the trust indenture by the trustee or the beneficiary, and any appointment of a successor trustee are recorded in the office of the clerk and recorder of each county in which the property described in the trust indenture or some part thereof is situated;
(2) there is a default by the grantor or other person owing an obligation or by their successors in interest, the performance of which is secured by the trust indenture, with respect to any provision in the indenture which authorizes sale in the event of default of such provision; and
(3) the trustee or beneficiary shall have filed for record in the office of the clerk and recorder in each county where the property described in the indenture or some part thereof is situated a notice of sale, duly executed and acknowledged by such trustee or beneficiary, setting forth:
(a) the names of the grantor, trustee, and beneficiary in the trust indenture and the name of any successor trustee;
(b) a description of the property covered by the trust indenture;
(c) the book and page of the mortgage records where the trust indenture is recorded;
(d) the default for which the foreclosure is made;
(e) the sum owing on the obligation secured by the trust indenture;
(f) the trustee's or beneficiary's election to sell the property to satisfy the obligation;
(g) the date of sale, which shall not be less than 120 days subsequent to the date on which the notice of sale is filed for record, and the time of sale, which shall be between the hours of 9 a.m. and 4 p.m., mountain standard time;
(h) the place of sale which shall be at the courthouse of the county or one of the counties where the property is situated or at the location of the property or at the trustee's usual place of business if within the county or one of the counties where the property is situated.
71-1-313. (Effective on occurrence of contingency) Conditions for foreclosure by advertisement and sale.
The trustee may foreclose a trust indenture by advertisement and sale under this part if:
(1) the trust indenture, any assignments of the trust indenture by the trustee or the beneficiary, and any appointment of a successor trustee are recorded in the office of the clerk and recorder of each county in which the property described in the trust indenture or some part thereof is situated;
(2) there is a default by the grantor or other person owing an obligation or by their successors in interest, the performance of which is secured by the trust indenture, with respect to any provision in the indenture which authorizes sale in the event of default of such provision; and
(3) the trustee or beneficiary shall have filed for record in the office of the clerk and recorder in each county where the property described in the indenture or some part thereof is situated a notice of sale, duly executed and acknowledged by such trustee or beneficiary, setting forth:
(a) the names of the grantor, trustee, and beneficiary in the trust indenture and the name of any successor trustee;
(b) a description of the property covered by the trust indenture;
(c) the book and page of the mortgage records where the trust indenture is recorded;
(d) the default for which the foreclosure is made;
(e) the sum owing on the obligation secured by the trust indenture;
(f) the trustee's or beneficiary's election to sell the property to satisfy the obligation;
(g) the date of sale, which must not be less than 120 days subsequent to the date on which the notice of sale is filed for record, and the time of sale, which must be between the hours of 9 a.m. and 4 p.m., mountain daylight time; and
(h) the place of sale, which must be at the courthouse of the county or one of the counties where the property is situated or at the location of the property or at the trustee's usual place of business if within the county or one of the counties where the property is situated.
History: En. Sec. 8, Ch. 177, L. 1963; R.C.M. 1947, 52-408(1); amd. Sec. 3, Ch. 447, L. 2021.