finance
Small Tract Financing Act (Montana)
Montana's statute (MCA 71-1-301 et seq.) allowing a trust indenture, or deed of trust, on property of not more than 40 acres. The trustee holds a power of sale usable after breach. The trustee mails notice of sale at least 120 days before the sale. The borrower may cure before the sale by paying the amount then due plus costs. After a nonjudicial trustee's sale, no deficiency judgment is allowed and statutory redemption rights do not apply; the buyer receives a trustee's deed.
- Exam tip
- Trust indenture foreclosure by advertisement: no deficiency judgment and no redemption, unlike judicial mortgage foreclosure.
- Example
- A borrower defaults on a trust indenture on a 5-acre home site; the trustee sells at public auction, and the lender cannot pursue a deficiency for the shortfall.
Related terms & state variants
Sources
Source verification pending. Confirm current requirements with your state regulator.
Last verified: 2026-10-23