Montana Code Annotated

Mont. Code Ann. § 25-13-802 (2026)

Time For Redemption -- Amount To Be Paid

✓ current as of May 2026

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TITLE 25. CIVIL PROCEDURE

CHAPTER 13. EXECUTION OF JUDGMENT

Part 8. Redemption of Real Property

Time For Redemption -- Amount To Be Paid

25-13-802. Time for redemption -- amount to be paid. The judgment debtor or redemptioner may redeem the property from the purchaser any time within 1 year after the sale on paying the purchaser:

(1) the amount of the purchase with interest at a rate established by the judgment in the action that led to the execution sale, up to the time of redemption;

(2) the amount of any assessment or taxes that the purchaser may have paid on the property after purchase and interest on that amount;

(3) the amount of any repairs, maintenance expenses, or other expenditures that the purchaser may reasonably have made after purchase for the maintenance of the property, with interest on the amounts from the date of expenditure; and

(4) if the purchaser is also a creditor having a prior lien to that of the redemptioner other than the judgment under which the purchase was made, the amount of the lien with interest.

History: En. Sec. 231, p. 181, L. 1867; re-en. Sec. 281, p. 88, Cod. Stat. 1871; amd. Sec. 331, p. 129, L. 1877; re-en. Sec. 331, 1st Div. Rev. Stat. 1879; re-en. Sec. 342, 1st Div. Comp. Stat. 1887; amd. Sec. 1235, C. Civ. Proc. 1895; re-en. Sec. 6838, Rev. C. 1907; re-en. Sec. 9443, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 702; re-en. Sec. 9443, R.C.M. 1935; amd. Sec. 1, Ch. 103, L. 1937; R.C.M. 1947, 93-5835; amd. Sec. 1, Ch. 503, L. 1991; amd. Sec. 456, Ch. 56, L. 2009.

Notes of Decisions

Cited in 10 cases (3 in the last 5 years), 1987–2025 · leading case: First State Bank of Forsyth v. Chunkapura, 734 P.2d 1203 (Mont. 1987).

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First State Bank of Forsyth v. Chunkapura, 734 P.2d 1203 (Mont. 1987). · cites it 6× “Section 25-13-802, MCA. The purchaser was not and is not now entitled to the possession of the real property as against the judgment debtor during the period of redemption while the debtor personally occupied the land as a home for himself and his family.”

360 Reclaim v. Russell, 2023 MT 250 (Mont. 2023). · cites it 22× “7 entitled to payment for cleanup costs under § 25-13-802, MCA, upon redemption. In an order granting summary judgment to 360 Reclaim, the District Court first noted that it would “not consider [storage fees] for purposes of this analysis as they had not yet been judicially…”

Minnwest Bank Cent. v. Flagship Props. LLC, 689 N.W.2d 295 (Minn. Ct. App. 2004). “220 (Michie 1992); Mont. Code Ann. § 25-13-802 (2003); N.M. Stat.”

In Re Liddle, 75 B.R. 41 (Bankr. D. Mont. 1987). · cites it 2× “§ 25-13-802, MCA. If no redemption is made within one year after the sale, the purchaser is then entitled to a conveyance of the property by Sheriffs Deed.”

360 Reclaim v. Russell, 2025 MT 117N (Mont. 2025). · cites it 20× “Ultimately, the District Court found a redemption value of $119,480.51, not including the cleanup costs.”

In Re Monforton, 75 B.R. 121 (Bankr. D. Mont. 1987). · cites it 3× “Under Montana law, Section 25-13-802, MCA, Debtors have a year of right of redemption before the expiration of which time the Debtors may redeem the real property by paying the purchaser (FLB-S) the total amount of the purchase price plus interest and taxes.”

Indep. Bank v. Halseth, 2002 MT 100 (Mont. 2002). “During this one-year redemption period, the purchaser is not entitled to possession of the property if the debtor “personally occupies the land as a home for himself and his family.” Section 71-1-229, MCA.”

SCOTT K. WILLIAMS - Adversary Proceeding (Bankr. D. Mont. 2024). · cites it 2× “Mont. Code Ann. § 25-13-802 . Such a right would delay the administration of this case and force upon the creditors and other interested parties a year of delay.”

Cavanaugh v. Citimortgage, Inc., 2013 MT 349 (Mont. 2013). · cites it 3× “Section 25-13-802, MCA. The borrower is also entitled to remain in possession of the property during this one-year redemption period.”

Montgomery v. Goettlich (Mont. 1992). · cites it 3× “Section 25-13-802, MCA, provides: The judgment debtor or redemptioner may redeem the property from the purchaser any time within 1 year after the sale on paying the purchaser: (1) the amount of his purchase with interest at a rate established by the judgment in the action that…”

— Mont. Code Ann. § 25-13-802(3) — 2 cases

360 Reclaim v. Russell, 2023 MT 250 (Mont. 2023). “7 entitled to payment for cleanup costs under § 25-13-802, MCA, upon redemption. In an order granting summary judgment to 360 Reclaim, the District Court first noted that it would “not consider [storage fees] for purposes of this analysis as they had not yet been judicially…”

360 Reclaim v. Russell, 2025 MT 117N (Mont. 2025). “Ultimately, the District Court found a redemption value of $119,480.51, not including the cleanup costs.”

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