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Montana
Foreclosure Posting Requirements
An original signed substitution of trustee naming counsel and copies of the trust indenture, note, all assignments, title policy, intervening deeds and loan status information are needed to commence foreclosure. A trustee indenture executed in conformity may be foreclosed by advertisement and sale by the trustee or successor, or at the option of the beneficiary by judicial procedure as a mortgage. The action generally takes 140 to 150 days to complete. A copy of the notice must be published in a newspaper of general circulation published in the county in which the property is located, once a week, for three consecutive weeks. The date of final publication must be at least 20 days to the sale date. A copy of the notice must also be placed in a conspicuous place on the property to be sold at least 20 days prior to the sale date.
Foreclosure Auction Locations
Most states direct the specific location where a sheriff, trustee or creditor may conduct a foreclosure sale. Often the direction is as vague as “any public place within the county in which the property is located.” Other times, the statute requires that a foreclosure sale only be held at the site of the property to be foreclosed. Foreclosure sales are conducted as indicated by the statute.
Foreclosure Timeline
Timeline StepDays for StepTotal Days
Deed recorded3143
Possession of property transferred10153
Loan referred/file received11
Trustee Sale Guarantee report ordered23
Trustee Sale Guarantee report received and reviewed69
Sale date set, Notice of Trustee’s Sale sent for recording710
Notice of Trustee’s Sale served by certified mail1020
Publication, posting of sale complete7696
Sale held44140

(Timeline is for non-judicial foreclosures. Intervals are optimal and assumes no delays.)
State Statutes
Montana Foreclosure Statutes