Mont. Code Ann. » TITLE 71. MORTGAGES, PLEDGES, AND LIENS · CHAPTER 1. MORTGAGES · Part 3. Small Tract Financing
Montana Code Annotated

Mont. Code Ann. § 71-1-301 (2026)

Short Title

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 71
  3. CHAPTER 1
  4. Part 3
  5. 71-1-301 Short title

TITLE 71. MORTGAGES, PLEDGES, AND LIENS

CHAPTER 1. MORTGAGES

Part 3. Small Tract Financing

Short Title

71-1-301. Short title. This part may be cited as the "Small Tract Financing Act of Montana".

History: En. Sec. 1, Ch. 177, L. 1963; R.C.M. 1947, 52-401.

Notes of Decisions
Cited in 13 cases, 1981–2018 · leading case: Puryer v. HSBC Bank USA, Nat'l Ass'n, 419 P.3d 105 (Mont. 2018).
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Puryer v. HSBC Bank USA, Nat'l Ass'n, 419 P.3d 105 (Mont. 2018). “The Small Tract Financing Act of Montana, §§ 71-1-301 to -321, MCA, allows the use of trust indentures to finance estates of real property that are smaller than 40 acres.”
Trs. of Washington — Idaho — Montana Carpenters — Employers Ret. Trust Fund v. Galleria P'ship, 780 P.2d 608 (Mont. 1989). · cites it 2× “The Small Tract Financing Act of 1963 (§§ 71-1-301, 71-1-321, inclusive, MCA) permits the use of deeds of trust or trust indentures to secure *612 the performance of obligations; provides that upon default and foreclosure, the obligee's right of occupation of the real property…”
First Fed. Sav. & Loan Ass'n v. Anderson, 777 P.2d 1281 (Mont. 1989). · cites it 2× “Trust indentures (or as they are sometimes known, deeds of trust or trust deeds), used as security instruments in Montana, are creatures of the "Small Tract Financing Act of Montana", §§ 71-1-301, 71-1-321, incl., MCA. From the verified complaint, the facts alleged in the…”
Bergkamp v. New York Guardian Mortgagee Corp., 667 F. Supp. 719 (D. Mont. 1987). · cites it 2× “The pivotal issue then is whether the trustee of a trust indenture created pursuant to the Small Tract Financing Act of Montana (Mont.Code Ann. §§ 71-1-301 et seq.) is a real and substantial party to a controversy over the amount of the payment required by the lender.”
JAS, Inc. v. Eisele, 2016 MT 33 (Mont. 2016). · cites it 2× “¶20 The Small Tract Financing Act of Montana (STFA), §§ 71-1-301 to -321, MCA, allows the use of trust indentures to finance estates of real property that are smaller than 40 acres.”
Reilly v. Phillips (In Re Reilly), 105 B.R. 59 (Bankr. D. Mont. 1989). “Such count is completely inconsistent with the Deed of Trust and Montana statutory provisions contained in the Small Tract Financing Act, Sections 71-1-301 to 71-1-321, Mont.Code Ann.”
Fed. Deposit Ins. v. Shoop, 2 F.3d 948 (9th Cir. 1993). “Mont.Code Ann. § 71-1-301. Such a device is generally “deemed to be a mortgage on real property and is subject to ah laws relating to mortgages on real property,” with exceptions not relevant in this case.”
Fed Nat'l Mortg. v. Taves, 2016 MT 109N (Mont. 2016). · cites it 2× “The Court entered summary judgment and final judgment against Taves in July 2013, holding: A review of the memoranda and documents of record reveals that the June 17, 2011, Trustee’s Sale of [the Taves’] former residence was properly noticed in conformity with the Montana Small…”
Consol. Dairies of Lake Cnty., Inc. v. Am. Abstract & Title Co., 629 P.2d 770 (Mont. 1981). · cites it 4× “(Section 71-1-301 et seq., MCA). The title company, acting through its president, Russell Harshberger, proceeded to notice such a sale.”
Est. of (Pepper) Martin, 2001 MT 110N (Mont. 2001). · cites it 2× “Under § 71-1-301, MCA, this is sufficient notice to establish the District Court's personal jurisdiction.”
Davis v. Montana Patriot LLC (Mont. 2016). “The Small Tract Financing Act of Montana (hereinafter “the Act”), codified at §§ 71-1-301, et seq., MCA, provides for this transfer of interest in real property.”
Cavanaugh v. Citimortgage, Inc., 2013 MT 349 (Mont. 2013). “DISCUSSION ¶10 Issue One: Whether the Cavanaughs are entitled to a right of redemption because their property was foreclosed by judicial procedure, rather than by advertisement and sale ? ¶11 The Cavanaughs urge that because the foreclosure of their property was by judicial…”
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