Mont. Code Ann. » TITLE 71. MORTGAGES, PLEDGES, AND LIENS · CHAPTER 1. MORTGAGES · Part 2. Mortgages of Real Property
Montana Code Annotated

Mont. Code Ann. § 71-1-203 (2026)

Writing Required

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  1. MCA Contents
  2. TITLE 71
  3. CHAPTER 1
  4. Part 2
  5. 71-1-203 Writing required

TITLE 71. MORTGAGES, PLEDGES, AND LIENS

CHAPTER 1. MORTGAGES

Part 2. Mortgages of Real Property

Writing Required

71-1-203. Writing required. A mortgage of real property can be created, renewed, or extended only by writing, with the formalities required in the case of a grant of real property.

History: En. Sec. 3842, Civ. C. 1895; re-en. Sec. 5749, Rev. C. 1907; re-en. Sec. 8264, R.C.M. 1921; Cal. Civ. C. Sec. 2922; Field Civ. C. Sec. 1623; re-en. Sec. re-en. Sec. 8264, R.C.M. 1935; R.C.M. 1947, 52-203.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1992–2024 · leading case: Morrow v. Bank of Am., N.A., 2014 MT 117, 324 P.3d 1167.
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Morrow v. Bank of Am., N.A., 2014 MT 117, 324 P.3d 1167. · cites it 16× “The oral agreement was not fully executed, and therefore the written contract was not validly modified. Section 28-2-1602, MCA. ¶28 Moreover, a mortgage or deed of trust “can be created, renewed, or extended only by writing, with the formalities required in the case of a grant…”
Aniballi v. Aniballi, 842 P.2d 342 (Mont. 1992). · cites it 6× “The District Court ruled that because Richard and Mary Lou have not shown an instrument in writing to support their claim, it is barred by the statute of frauds at Section 71-1-203, MCA. The court also ruled that because the alleged loans were made between 1977 and 1988, a large…”
Anderson v. Recontrust Co., 2017 MT 313, 390 Mont. 12. “4 Even in the context of a fiduciary relationship, a breach of fiduciary duty by the lender is not a cause of any resulting harm if the applicant or borrower ultimately relied on the independent advice of another, such as legal counsel.”
Bank of Am., N.A. v. Alexander, 2017 MT 31, 389 P.3d 1020. · cites it 3× “Alexander appears to argue the existence of an oral agreement which was breached upon the foreclosure sale in August of 2014, and therefore is not barred by the five year period of limitations applicable to a breach not founded upon an instrument in writing.”
Hobbs v. Wells Fargo Bank, N.A., No. 9:24-cv-00073 (D. Mont. Dec. 23, 2024). · cites it 2× “12 at J 34); (3) mortgage loans are required to be in writing under Montana law, see Mont. Code Ann. § 71-1-203 (“A mortgage of real property can be created, renewed, or extended only by writing .”
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