25-13-809. Effect of redemption by debtor or debtor's spouse -- certificate of redemption. (1) If the debtor redeems, the effect of the sale is terminated and the debtor is restored to the debtor's own estate. If the spouse redeems, the spouse must become the owner of the debtor spouse's interest, subject to any liens on the property at the time of the execution sale.
(2) Upon a redemption by a debtor or the debtor's spouse, the person to whom the payment was made shall execute and deliver to the debtor or the judgment debtor's spouse a certificate of redemption, acknowledged or proved before an officer authorized to take acknowledgments of conveyances of real property. The certificate must be filed and recorded in the office of the county clerk of the county in which the property is situated, and the county clerk shall note the record of the certificate of redemption in the margin of the record of the certificate of sale.
History: En. Sec. 232, p. 182, L. 1867; re-en. Sec. 282, p. 88, Cod. Stat. 1871; amd. Sec. 332, p. 129, L. 1877; re-en. Sec. 332, 1st Div. Rev. Stat. 1879; re-en. Sec. 343, 1st Div. Comp. Stat. 1887; amd. Sec. 1236, C. Civ. Proc. 1895; re-en. Sec. 6839, Rev. C. 1907; en. Sec. 2, Ch. 107, L. 1913; re-en. Sec. 9444, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 703; amd. Sec. 2, Ch. 16, L. 1927; re-en. Sec. 9444, R.C.M. 1935; amd. Sec. 2, Ch. 103, L. 1937; amd. Sec. 56, Ch. 535, L. 1975; R.C.M. 1947, 93-5836(part); amd. Sec. 462, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 13. Execution of Judgment
Part 8. Redemption of Real Property
25-13-801. Who may redeem -- definition
25-13-802. Time for redemption -- amount to be paid
25-13-803. Subsequent redemptions -- when permitted -- amount paid
25-13-804. Redemption by stockholder or corporation
25-13-805. Redemption by debtor from spouse
25-13-806. Notice of redemption, liens, and taxes and assessments paid
25-13-807. Papers redemptioner must produce
25-13-808. To whom redemption money paid
25-13-809. Effect of redemption by debtor or debtor's spouse -- certificate of redemption
25-13-810. When purchaser entitled to conveyance
25-13-811. Who to execute conveyance
25-13-812. through 25-13-820 reserved
25-13-821. Possession of lands during redemption period
25-13-822. Rents and profits during redemption period -- accounting
25-13-823. Restraint of waste during redemption period
25-13-824. Enjoining injury to property after sale and before conveyance
25-13-825. Damages for injury to property after sale and before conveyance