71-1-209. Recording defeasance necessary to affect grant. When a grant of real property purports to be an absolute conveyance but is intended to be defeasible on the performance of certain conditions, the grant is not defeated or affected as against any person other than the grantee or the grantee's heirs or devisees or persons having actual notice unless an instrument of defeasance, duly executed and acknowledged, has been recorded in the office of the county clerk of the county where the property is situated.
History: En. Sec. 3843, Civ. C. 1895; re-en. Sec. 5750, Rev. C. 1907; re-en. Sec. 8265, R.C.M. 1921; Cal. Civ. C. Sec. 2950; re-en. Sec. 8265, R.C.M. 1935; R.C.M. 1947, 52-204; amd. Sec. 2241, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 71. Mortgages, Pledges, and Liens
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
71-1-207. 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
71-1-225. 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