Montana · Non-judicial state · MCA §§ 71-1-301 to 71-1-321

Montana lets you catch up until the sale, then there is no way back.

A trustee sale with no lawsuit and no separate notice of default that we could find: the notice of sale is recorded, the sale cannot come less than 120 days later, and you can pay what is past due any time before it. After the sale there is no right to buy the home back, and a sale by advertisement bars any claim against you for a shortfall.

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Your situation Every date below recalculates

Each is a different statute.

When you first fell behind.

Local pace is the variable.

Past steps fade out.

FHA and VA add steps.

A tenant gets 90 days under federal law.

Anything else true

Three dates decide a Montana trust indenture case. The day the notice of sale is recorded, which starts a 120 day minimum before the sale. The time fixed for the sale, which is the last moment to catch up. And the sale itself, after which there is no redemption and no shortfall claim.

A family standing together on the porch of their home at sunset
The goal is simple: keep the family in the home, or leave it on your own terms.

What Montana gives you

Rights that exist because the property is in Montana, whatever a servicer tells you on the phone.

Free, today, no catch

Where to get real help, free

A housing counselor shaking hands with a homeowner at a kitchen table
A free counselor can read your papers with you before any deadline.

Regional legal aid programs take foreclosure cases at no cost if you qualify by income. Start at LawHelp.org, which lists free legal aid programs state by state.

HUD-approved housing counselors are free in every state — 1-800-569-4287. Some states, courts and counties run foreclosure mediation or counseling programs; ask your servicer or a HUD-approved counselor whether yours does.

Anyone who contacts you first, guarantees they can stop the sale for a fee paid up front, or asks you to sign the deed over is running a scam. Never sign a deed to someone promising to save your home.

Status of this page

Checked against the statutes cited beside each step. Every legal claim on this page is registered with its citation and was checked against official sources and then reviewed again by an independent checker. Dates marked as estimates are estimates. Appellate case law was not independently verified, and laws change, so have a Montana foreclosure attorney confirm anything that matters before you act.

Questions people ask about Montana foreclosure

Short answers, each one sourced to the statute cited on this page.

How long does foreclosure take in Montana?

A typical Montana trustee sale runs roughly 241 days from the first missed payment. The sale cannot be less than 120 days after the notice of sale is filed, and the notice is published three weeks in a row. MCA 71-1-313 and 71-1-315.

How late can I catch up on my Montana mortgage?

You can cure at any time before the time fixed for the sale, and the fees a lender can charge to reinstate are capped at the lesser of $1,000 or 1 percent. MCA 71-1-312 and 71-1-320.

Is there redemption after a Montana trustee sale?

No. A sale by advertisement is without right of redemption. A judicial foreclosure carries a one year redemption right. MCA 71-1-318 and 25-13-802.

Can a Montana lender come after me for the shortfall?

Not after a sale by advertisement under the Small Tract Financing Act. MCA 71-1-317.

How long do I have to redeem after a Montana tax lien?

Three years after the lien attaches, which is the first working day in August. MCA 15-18-111.