Montana Code Annotated
Part 2. Mortgages of Real Property
71-1-226. Proceedings when debt secured falls due at different times

71-1-226. Proceedings when debt secured falls due at different times. If the debt for which the mortgage, lien, or encumbrance is held is not all due, as soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease; and afterward, as often as more becomes due, for principal or interest, the court may, on motion, order more to be sold. But if the property cannot be sold in portions without injury to the parties, the whole may be ordered to be sold in the first instance and the entire debt and costs paid, there being a rebate of interest where such rebate is proper.
History: En. Sec. 248, p. 186, L. 1867; re-en. Sec. 297, p. 92, Cod. Stat. 1871; re-en. Sec. 348, p. 136, L. 1877; re-en. Sec. 348, 1st Div. Rev. Stat. 1879; re-en. Sec. 360, 1st Div. Comp. Stat. 1887; re-en. Sec. 1292, C. Civ. Proc. 1895; re-en. Sec. 6863, Rev. C. 1907; re-en. Sec. 9469, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 728; re-en. Sec. 9469, R.C.M. 1935; R.C.M. 1947, 93-6003.

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