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

Mont. Code Ann. § 71-1-317 (2026)

Deficiency Judgment Not Allowed

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 71
  3. CHAPTER 1
  4. Part 3
  5. 71-1-317 Deficiency judgment not allowed

TITLE 71. MORTGAGES, PLEDGES, AND LIENS

CHAPTER 1. MORTGAGES

Part 3. Small Tract Financing

Deficiency Judgment Not Allowed

71-1-317. Deficiency judgment not allowed. When a trust indenture executed in conformity with this part is foreclosed by advertisement and sale, other or further action, suit, or proceedings may not be taken or judgment entered for any deficiency against the grantor or the grantor's surety, guarantor, or successor in interest, if any, on the note, bond, or other obligation secured by the trust indenture or against any other person obligated on the note, bond, or other obligation.

History: En. Sec. 14, Ch. 177, L. 1963; R.C.M. 1947, 52-414; amd. Sec. 2252, Ch. 56, L. 2009.

Notes of Decisions
Cited in 11 cases, 1982–2019 · leading case: First State Bank of Forsyth v. Chunkapura, 734 P.2d 1203 (Mont. 1987).
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First State Bank of Forsyth v. Chunkapura, 734 P.2d 1203 (Mont. 1987). · cites it 44× “Sande, District Judge, presiding, that § 71-1-317, MCA, prohibits the Bank from recovering a deficiency judgment on judicial foreclosure.”
Trs. of Washington — Idaho — Montana Carpenters — Employers Ret. Trust Fund v. Galleria P'ship, 780 P.2d 608 (Mont. 1989). · cites it 8× “performance of obligations; provides that upon default and foreclosure, the obligee's right of occupation of the real property does not extend beyond ten days from the date of the sale (§ 71-1-319, MCA); makes no provision for any right of redemption; and further provides that…”
AVCO Fin. Servs. of Billings One, Inc. v. Christiaens, 652 P.2d 220 (Mont. 1982). · cites it 9× “Christiaens contend that when AVCO bought and sold the Excelsior Avenue property, AVCO proceeded under Title 71, MCA, and is prevented from any further recovery because of a deficiency under section 71-1-317, MCA, which provides: “When a trust indenture executed in conformity…”
First Fed. Sav. & Loan Ass'n v. Anderson, 777 P.2d 1281 (Mont. 1989). · cites it 4× “Nevertheless, the provisions of § 71-1-317, MCA, providing that a deficiency judgment was not allowed, applied to all uses of the trust indenture.”
First Bank of Lincoln v. Land Title of Nez Perce Cnty., 452 P.3d 835 (Idaho 2019). · cites it 2× “at 1205 (citing Mont. Code Ann. § 71-1-317 ). The Chunkapura court went on to initially hold that, “a deficiency judgment may not be allowed when trust indentures are executed in conformity with the Act, and are foreclosed by advertisement and sale, whether through the trustee…”
Fayette Cnty. Nat'l Bank v. Lilly, 484 S.E.2d 232 (W. Va. 1997). “Mont.Code Ann. § 71-1-317 (1995), See First St.”
In Re Madill, 65 B.R. 729 (D. Mont. 1986). · cites it 2× “§ 1325 (a)(5)(C) requires confirmation of a plan if the debtor surrenders the property to the secured creditor, any debt owed Nor-west Bank was extinguished when debtors surrendered Rental Property No.”
First Interstate Bank of Kalispell, N.A. v. Wann, 765 P.2d 749 (Mont. 1988). · cites it 3× “As stated in Section 71-1-317, MCA: “When a trust indenture executed in conformity with this part is foreclosed by advertisement and sale, no other or further action, suit, or proceedings shall be taken or judgment entered for and deficiency against the grantor or his surety,…”
Cavanaugh v. Citimortgage, Inc., 2013 MT 349 (Mont. 2013). · cites it 2× “The Small Tract Financing Act specifically states that when a lender forecloses by advertisement and sale, the lender is not entitled to a deficiency judgment, §71-1-317, MCA, and the purchaser is entitled to take possession of the property ten days after the sale, §71-1-319,…”
Wash.-Ida.-Mont. Ret. v. Gall (Mont. 1989). · cites it 2× “rformance of obligations; provides that upon default and foreclosure, the obligee's right of occupation of the real property does not extend beyond ten days from the date of the sale ( S 71-1-319, MCA) ; makes no provision for any right of redemption; and further provides that…”
Lost Mountain Dev. Co. v. Rufus King v. Matthew B. Kezar (Tenn. Ct. App. 2006). “§ 580(d); Mont. Code Ann. § 71-1-317 ; Wash. Rev. Code Ann.”
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.