Updated on July 25th, 2022
A Montana deed of trust is a legal document that conveys real estate to a trustee to secure a borrower’s obligation to a lender. The trustee, often a title company, escrow, or bank, retains the borrower’s title to the property until the loan is repaid. By recording a deed of trust, the borrower acknowledges that the trustee will sell the property through a “non-judicial foreclosure” (a foreclosure without court involvement) if they default on the payments. In accordance with Montana’s Small Tract Financing Act, only real estate with an area of forty (40) acres or less is eligible to be conveyed with a deed of trust, and such instruments are subject to the same laws as mortgages on real estate.
- Statutes: Title 71, Chapter 1, Part 3
- Formatting: § 7-4-2636
- Signing Requirements (§ 70-21-203): Notary Public
- Where to Record: County Clerk and Recorder
- Recording Fees (§ 7-4-2637): $8 per page
- Realty Transfer Certificate (§ 15-7-305): To be included in deeds presented to the County Clerk and Recorder for filing.
Related Forms (1)
Montana Promissory Note – A legally binding document used to record a borrower’s obligation to a lender.
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