71-1-228. Rights of redemption applicable. All of the rights, powers, and privileges concerning the redemption from sales of real estate applicable to the sales of real estate under foreclosure proceedings or sales under execution shall be granted and allowed to sales of real estate under and by virtue of the power of sale contained in any mortgage or deed of trust in this state, except to sales of real estate under and by virtue of the power of sale conferred upon a trustee under a trust indenture as defined in the Small Tract Financing Act of Montana.
Montana Code Annotated
Mont. Code Ann. § 71-1-228 (2026)
Rights Of Redemption Applicable
✓ current as of May 2026
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TITLE 71. MORTGAGES, PLEDGES, AND LIENS
CHAPTER 1. MORTGAGES
Part 2. Mortgages of Real Property
Rights Of Redemption Applicable
History: En. Sec. 2, Ch. 165, L. 1917; re-en. Sec. 9472, R.C.M. 1921; re-en. Sec. 9472, R.C.M. 1935; amd. Sec. 19, Ch. 177, L. 1963; R.C.M. 1947, 93-6006.
Notes of Decisions
Cited in 4
cases, 1988–1989 · leading case: Trs. of Washington — Idaho — Montana Carpenters — Employers Ret. Trust Fund v. Galleria P'ship, 780 P.2d 608 (Mont. 1989).
Trs. of Washington — Idaho — Montana Carpenters — Employers Ret. Trust Fund v. Galleria P'ship, 780 P.2d 608 (Mont. 1989). “ry provision for the foreclosure of mortgages, and that those statutes permitted the debtor a right of possession during the period of redemption while the debtor personally occupied the land as a home for himself and his family (§ 71-1-229, MCA), and further permitted all…”
Aetna Life Ins. Co. v. Slack, 756 P.2d 1140 (Mont. 1988). “See, Section 71-1-228, MCA and Section 25-13-801 et seq.”
Fitch v. Buffalo Fed. Sav. & Loan Ass'n, 751 P.2d 1309 (Wyo. 1988). “, Mont. Code Ann. §§ 71-1-228 , 71-1-318(3) (1987) (providing no period of redemption when a new deed of trust issues after foreclosure and sale).”
Wash.-Ida.-Mont. Ret. v. Gall (Mont. 1989). “provision for the foreclosure of mortgages, and that those statutes permitted the debtor a right of possession during the period of redemption while the debtor personally occupied the land as a home for himself and his family ( § 71-1-229, MCA), and further permitted all…”
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