71-1-223. Power of sale. When a real estate mortgage confers a power of sale, either upon the mortgagee or any other person, to be executed after a breach of the obligation for which the mortgage is a security, either an action may be maintained under this part to foreclose or proceedings may be had under the provisions of the mortgage.
History: En. Sec. 1293, C. Civ. Proc. 1895; re-en. Sec. 6864, Rev. C. 1907; re-en. Sec. 9470, R.C.M. 1921; re-en. Sec. 9470, R.C.M. 1935; amd. Sec. 11-167, Ch. 264, L. 1963; R.C.M. 1947, 93-6004.
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