Montana Code Annotated

Mont. Code Ann. § 25-13-607 (2026)

Claim Enforceable Against Exempt Property

✓ current as of May 2026

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TITLE 25. CIVIL PROCEDURE

CHAPTER 13. EXECUTION OF JUDGMENT

Part 6. Property Exempt From Execution

Claim Enforceable Against Exempt Property

25-13-607. Claim enforceable against exempt property. Notwithstanding any other provision of this part, a creditor may levy against exempt property to enforce a claim for:

(1) the purchase price of the property; or

(2) a loan made for the express purpose of enabling the judgment debtor to purchase the property and used for that purpose.

History: En. Sec. 2, Ch. 302, L. 1987.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 1998–2023 · leading case: In Re Rhines, 227 B.R. 308 (Bankr. D. Mont. 1998).

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In Re Rhines, 227 B.R. 308 (Bankr. D. Mont. 1998). · cites it 2× “…or a loan made for the express purpose of enabling the debtor to purchase the property and used for that purpose. Mont.Code Ann. § 25-13-607.”

Boudette v. Boudette, 2023 MT 126N (Mont. 2023). · cites it 5× “In that Order, Judge McMahon concluded that, as a purchase price lien holder, Oskerson was entitled to proceeds from the sale of the Property under § 25-13-607, MCA, which controlled over the homestead exemption because of its more specific language.”

Boudette n/k/a Oskerson v. Boudette (Bankr. D. Mont. 2021). · cites it 3× “The Montana State Court reasoned that the Judgment corresponded to funds Debtor used to purchase the property, and qualified as an exception to the homestead exemption, for the purchase of the property.”

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