7-15-4532. Limitations on remedies of obligees. (1) No interest of the authority in any real or personal property shall be subject to sale by the foreclosure of a mortgage thereon, either through judicial proceedings or the exercise of a power of sale contained in such mortgage, except in the case of the mortgages provided for in 7-15-4526.
(2) All property of the authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same. No judgment against the authority shall be a charge or lien upon its real or personal property.
(3) The provisions of this section shall not apply to or limit the right of obligees to foreclose any mortgage of the authority provided for in 7-15-4526 and, in case of a foreclosure sale thereunder, to obtain a judgment or decree for any deficiency due on the indebtedness secured thereby and issued on the credit of the authority. Such deficiency judgment or decree shall be a lien and charge upon the property of the authority which may be levied on and sold by virtue of an execution or other judicial process for the purpose of satisfying such deficiency judgment or decree.
History: En. Sec. 21, Ch. 140, L. 1935; re-en. Sec. 5309.21, R.C.M. 1935; R.C.M. 1947, 35-121.
Structure Montana Code Annotated
Chapter 15. Housing and Construction
Part 45. Municipal Housing Authorities Continued
7-15-4501. Authorization to issue bonds
7-15-4502. Powers related to loans
7-15-4503. Nature of bonded indebtedness
7-15-4504. Bonds and other obligations to be fully negotiable
7-15-4505. Housing authority bonds as legal investments
7-15-4506. Details relating to bonds
7-15-4508. Purchase of bonds by housing authority
7-15-4509. Interim certificates
7-15-4510. Validity and sufficiency of signatures on bonds
7-15-4511. Creation of special funds
7-15-4512. Security for money deposited by housing authority
7-15-4513. through 7-15-4520 reserved
7-15-4521. General powers related to bonds and lease obligations
7-15-4522. Redemption of bonds
7-15-4523. Amendment or abrogation of bond contracts
7-15-4524. Bond provisions related to determination and use of rents and fees
7-15-4525. Bond provisions related to management and use of property
7-15-4526. Power to mortgage property when government financing involved
7-15-4527. Provisions related to breach or default on bonds and bond covenants
7-15-4528. Use of bond trustee
7-15-4529. General remedies of an obligee of a housing authority
7-15-4530. Special remedies of an obligee resulting from mortgage or trust indenture