71-1-302. Policy. Because the financing of homes and business expansion is essential to the development of the state of Montana and because financing of homes and business expansion, usually involving areas of real estate of not more than 40 acres, has been restricted by the laws relating to mortgages of real property and because more financing of homes and business expansion is available if the parties can use security instruments and procedures not subject to all the provisions of the mortgage laws, it is the public policy of the state of Montana to permit the use of trust indentures for estates in real property of not more than 40 acres as provided in this part.
History: En. Sec. 2, Ch. 177, L. 1963; amd. Sec. 1, Ch. 337, L. 1974; R.C.M. 1947, 52-402; amd. Sec. 1, Ch. 114, L. 1989; amd. Sec. 2, Ch. 30, L. 2001.
Structure Montana Code Annotated
Title 71. Mortgages, Pledges, and Liens
71-1-304. Trust indentures authorized -- power of sale for breach in trustee
71-1-305. Trust indenture considered to be mortgage on real property
71-1-306. Qualifications of trustee -- successor trustee
71-1-307. Reconveyance upon performance -- liability for failure to reconvey
71-1-308. Reconveyance of trust indenture -- forms -- objections to reconveyance
71-1-309. Objection to reconveyance
71-1-310. Liability of title insurer or title insurance producer
71-1-311. Time for foreclosure same as mortgage
71-1-312. Discontinuance of foreclosure proceedings when entire amount of default paid
71-1-313. Conditions for foreclosure by advertisement and sale
71-1-314. Requests for copies of notice of sale
71-1-315. Notice -- sale -- payment
71-1-316. Disposition of proceeds of sale -- notice -- surplus funds -- attorney fees
71-1-317. Deficiency judgment not allowed