71-1-105. Mortgagee not entitled to possession. A mortgage does not entitle the mortgagee to the possession of the property unless authorized by the express terms of the mortgage, but after the execution of the mortgage, the mortgagor may agree to such change of possession without a new consideration.
History: En. Sec. 3816, Civ. C. 1895; re-en. Sec. 5737, Rev. C. 1907; re-en. Sec. 8252, R.C.M. 1921; Cal. Civ. C. Sec. 2927; Based on Field Civ. C. Sec. 1620; re-en. Sec. 8252, R.C.M. 1935; R.C.M. 1947, 52-107.
Structure Montana Code Annotated
Title 71. Mortgages, Pledges, and Liens
71-1-102. Power of attorney to execute
71-1-103. Mortgage a special lien -- on what a lien
71-1-104. Mortgage not a personal obligation
71-1-105. Mortgagee not entitled to possession
71-1-107. Transfers of interest
71-1-108. Subsequently acquired title
71-1-109. Mortgage of property adversely held
71-1-110. Passage of mortgage by assignment of debt
71-1-113. Limit on the amount of funds on reserve