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
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