71-1-321. Deeds of trust and trust deeds not invalidated. The Small Tract Financing Act of Montana does not invalidate or preclude the use in this state of instruments, sometimes denominated deeds of trust, trust deeds, or trust indentures, which are not executed in conformity with this part, but in which a conveyance for security purposes is made to a trustee or trustees for the benefit of one or more lenders. Such instruments are considered to be mortgages and are subject to all laws relating to mortgages on real property. Every such instrument, recorded as prescribed by law, from the time it is filed for record is constructive notice of its contents to subsequent purchasers and encumbrancers.
History: En. Sec. 1, Ch. 362, L. 1979.
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