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

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.

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). · cites it 4× “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). · cites it 3× “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). · cites it 2× “, 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). · cites it 2× “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…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.