Montana Code Annotated
Part 2. Mortgages of Real Property
71-1-207. Recording of mortgages and assignments

71-1-207. Recording of mortgages and assignments. (1) Mortgages of real property may be acknowledged or proved, certified, and recorded in the same manner and with the same effect as grants of real property.
(2) An assignment of a real estate mortgage may be recorded in the same manner as a real estate mortgage, and the record operates as legal notice to the mortgagor and all persons subsequently deriving title to the mortgage from the assignor as well as to all other persons, including subsequent purchasers, encumbrancers, mortgagees, or other lienholders. An assignment must contain the assignee's post-office address at the assignee's place of residence and may not be recorded or filed unless it contains the post-office address.
History: (1)En. Sec. 3844, Civ. C. 1895; re-en. Sec. 5751, Rev. C. 1907; re-en. Sec. 8266, R.C.M. 1921; Cal. Civ. C. Sec. 2952; re-en. Sec. 8266, R.C.M. 1935; Sec. 52-205, R.C.M. 1947; (2)En. Sec. 3823, Civ. C. 1895; re-en. Sec. 5744, Rev. C. 1907; re-en. Sec. 8259, R.C.M. 1921; Cal. Civ. C. Sec. 2934; amd. Sec. 1, Ch. 14, L. 1925; amd. Sec. 1, Ch. 159, L. 1935; re-en. Sec. 8259, R.C.M. 1935; amd. Sec. 11-131, Ch. 264, L. 1963; Sec. 52-114, R.C.M. 1947; R.C.M. 1947, 52-114, 52-205; amd. Sec. 2240, Ch. 56, L. 2009.

Structure Montana Code Annotated

Montana Code Annotated

Title 71. Mortgages, Pledges, and Liens

Chapter 1. Mortgages

Part 2. Mortgages of Real Property

71-1-201. What real property may be mortgaged -- debts secured

71-1-202. Mortgage not considered conveyance -- recovery of possession

71-1-203. Writing required

71-1-204. Form of mortgage

71-1-205. Priorities

71-1-206. Future advances

71-1-207. Recording of mortgages and assignments

71-1-208. Recording of subordination or waiver agreements

71-1-209. Recording defeasance necessary to affect grant

71-1-210. Period of mortgage -- renewal

71-1-211. Satisfaction of mortgage -- record thereof

71-1-212. Penalties for failure to give certificate of discharge or release after full performance

71-1-213. Discharge or release by other than mortgagee

71-1-214. through 71-1-220 reserved

71-1-221. Definition of foreclosure

71-1-222. Proceedings in foreclosure suits

71-1-223. Power of sale

71-1-224. Sale -- notice

71-1-225. Surplus money from sale

71-1-226. Proceedings when debt secured falls due at different times

71-1-227. Injunction to prevent injury to property

71-1-228. Rights of redemption applicable

71-1-229. Possession of land prior to foreclosure upon default and during period of redemption

71-1-230. Action to redeem mortgage

71-1-231. Redemption by multiple mortgagors

71-1-232. Deficiency judgment not allowed on foreclosure of purchase price mortgage

71-1-233. Attorney's fee on foreclosure

71-1-234. Attorney fee -- petition and notice

71-1-235. Instruments -- negotiability and remedies