Montana Foreclosure Help – Stop Foreclosure in Montana

 


Finding Foreclosure Help in Montana

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

Helena Field Office

Department of Housing and Urban Development

100 Neill Avenue
Suite 5, #27
Helena, MT 59601

Phone: (406) 449-5050

Fax: (406) 449-5052

TTY: (406) 449-5050

Jurisdiction: State of Montana

Joel Manske
Acting Field Office Director

Office Hours: 8:00 a.m. to 4:30 p.m.
Monday through Friday

Montana Foreclosure Laws Summary

Quick Facts:

  • Judicial foreclosure process is available.
  • Non-judicial foreclosure process is available.
  • The primary security instruments are mortgages and deeds of trust.
  • The timeline can vary by process, which typically takes 150 days.
  • The borrower has no rights of redemption.
  • The lender may sue for deficiency judgements but varies by process.

The judicial and non-judicial processes may be used by lender to foreclose on mortgages in default in Montana.

Judicial Foreclosure

In this foreclosure process, the court gives the borrower a time period for him to come up with the payment for his debts. If he is unable to pay after the time period has passed, the foreclosure sale can then proceed.

Non-Judicial Foreclosure
In this foreclosure process, the borrower has already pre-authorized the sale of the property to pay off his debs in the event of a default. This is stated in the power of sale clause. The lender or a trustee has the power to sell the property but must follow the guidelines stated below.

Power of Sale Foreclosure Guidelines
If the power of sale clause does not state the specifics of the sale, the non-judicial foreclosure process must be carried out as follows:

A notice of sale must be filed in the county where the property is located. In addition to this, the notice must also be published in the county newspaper once a week for 3 weeks, informing the public about the upcoming sale. Lastly, another ad must be posted on the property itself at least 20 days before the sale.

The borrower must also receive a copy of the notice of sale, at least 120 days before the foreclosure sale.

Any postponement to the sale must be made within 15 days of the original date of sale. A notice must be posted on the property informing the public about the new date and time of the sale.

The sale is to be conducted by the trustee, at any time between 9am-4pm in front of the county courthouse. The winning bidder becomes the new owner of the property.