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

Mont. Code Ann. § 71-1-229 (2026)

Possession Of Land Prior To Foreclosure Upon Default And During Period Of Redemption

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 71
  3. CHAPTER 1
  4. Part 2
  5. 71-1-229 Possession of land prior to foreclosure upon default and during period of redemption

TITLE 71. MORTGAGES, PLEDGES, AND LIENS

CHAPTER 1. MORTGAGES

Part 2. Mortgages of Real Property

Possession Of Land Prior To Foreclosure Upon Default And During Period Of Redemption

71-1-229. Possession of land prior to foreclosure upon default and during period of redemption. The purchaser of land at mortgage foreclosure is not entitled to the possession of the land as against the execution debtor during the period of redemption allowed by law while the execution debtor personally occupies the land as a home for the execution debtor and the debtor's family. It is unlawful to insert in any mortgage of real estate any provision intended to constitute a waiver by the owner of real estate personally occupying land as a home for the owner and the owner's family of the provision of this section or any provision intended to give the mortgagee possession of the land or premises prior to foreclosure upon default of tax, principal, or interest payments. The intention of this section is to ensure to the owner the possession of the land prior to foreclosure and during the year of redemption.

History: En. Sec. 1, Ch. 230, L. 1921; re-en. Sec. 9449, R.C.M. 1921; amd. Sec. 1, Ch. 150, L. 1933; re-en. Sec. 9449, R.C.M. 1935; R.C.M. 1947, 93-5841(part); amd. Sec. 2, Ch. 11, L. 1979; amd. Sec. 2245, Ch. 56, L. 2009.

Notes of Decisions
Cited in 7 cases, 1989–2002 · leading case: Interstate Prod. Credit Ass'n v. Desaye, 820 P.2d 1285 (Mont. 1991).
Sort: Relevance Newest Treatment
Interstate Prod. Credit Ass'n v. Desaye, 820 P.2d 1285 (Mont. 1991). · cites it 5× “Section 71-1-229, MCA, provides in relevant part that: “The purchaser of lands at mortgage foreclosure is not entitled to the possession thereof as against the execution debtor during the period of redemption allowed by law while the execution debtor personally occupies the land…”
Fed. Land Bank of Spokane v. Snider, 808 P.2d 475 (Mont. 1991). · cites it 12× “” On appeal, Sniders argue that as the judgment debtor they are entitled to possession of the property on which they reside pursuant to § 71-1-229, MCA, and that the issue of “rents and profits” only arises when some third person or a true tenant is in possession of the property…”
Trs. of Washington — Idaho — Montana Carpenters — Employers Ret. Trust Fund v. Galleria P'ship, 780 P.2d 608 (Mont. 1989). · cites it 4× “In Chunkapura , we pointed out that prior to 1963, there was but one statutory 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…”
Farm Credit Bank of Spokane v. Hill, 879 P.2d 1158 (Mont. 1993). · cites it 5× “V Did the District Court err when it determined that the Hills were not entitled to possession of the foreclosed property during the one year statutory redemption period? The Hills contend that they are entitled to possession of the foreclosed property during the one year…”
Aetna Life Ins. Co. v. Jordan, 835 P.2d 770 (Mont. 1992). · cites it 3× “Section 71-1-229, MCA, provides: The purchaser of lands at mortgage foreclosure is not entitled to the possession thereof as against the execution debtor dining the period of redemption allowed by law while the execution debtor personally occupies the land as a home for himself…”
Indep. Bank v. Halseth, 2002 MT 100 (Mont. 2002). · cites it 11× “” Section 71-1-229, MCA. Halseth contended in the District Court that he resided on the Blaine County property which was the subject of the foreclosure proceeding and, therefore, was *401 entitled to retain possession of the land during the redemption period.”
Wash.-Ida.-Mont. Ret. v. Gall (Mont. 1989). · cites it 2× “In Chunkapura, we pointed out that prior to 1963, there was but one statutory 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…”
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.