Montana foreclosure

The Montana foreclosure process can be judicial, meaning that the lender will have to file a lawsuit to foreclose on the home. Once this lawsuit is entered in court, the judge will decide how much you need to pay in order to stop the foreclosure. You'll then be given some time to pay; if you don't then the court will allow the foreclosure to proceed and your home will be sold at auction.

Now if the lender included a power of sale clause in the deed of trust or mortgage and it lists the time, place and terms of the sale, then those terms are followed.

However, if there are no terms in the power of sale clause, then the non-judicial foreclosure process is carried out in this manner:

1. A notice of the sale is recorded in the county recorder's office of the county where the property is located.


2. 120 days before the sale, a copy of this notice is mailed to your last known address. It must be sent via certified mail or registered mail.


3. This notice must also be published in a newspaper of the county where the property is located at least once a week for 3 consecutive weeks before the sale.


4. 20 days before the sale, this notice must also be posted at the property.


5. The sale must occur at the courthouse where the property is located between the hours of 9:00AM and 4:00PM.