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

Mont. Code Ann. § 71-1-321 (2026)

Deeds Of Trust And Trust Deeds Not Invalidated

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  1. MCA Contents
  2. TITLE 71
  3. CHAPTER 1
  4. Part 3
  5. 71-1-321 Deeds of trust and trust deeds not invalidated

TITLE 71. MORTGAGES, PLEDGES, AND LIENS

CHAPTER 1. MORTGAGES

Part 3. Small Tract Financing

Deeds Of Trust And Trust Deeds Not Invalidated

71-1-321. Deeds of trust and trust deeds not invalidated. The Small Tract Financing Act of Montana does not invalidate or preclude the use in this state of instruments, sometimes denominated deeds of trust, trust deeds, or trust indentures, which are not executed in conformity with this part, but in which a conveyance for security purposes is made to a trustee or trustees for the benefit of one or more lenders. Such instruments are considered to be mortgages and are subject to all laws relating to mortgages on real property. Every such instrument, recorded as prescribed by law, from the time it is filed for record is constructive notice of its contents to subsequent purchasers and encumbrancers.

History: En. Sec. 1, Ch. 362, L. 1979.

Notes of Decisions
Cited in 3 cases, 2013–2013 · leading case: Terry L. Bell Generations Trust v. Flathead Bank, 2013 MT 152, 302 P.3d 390.
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Terry L. Bell Generations Trust v. Flathead Bank, 2013 MT 152, 302 P.3d 390. · cites it 12× “Section 71-1-321, MCA. “Every such instrument [deeds of trust, trust deeds, or trust indentures], recorded as prescribed by law, from the time it is filed for record is constructive notice of its contents to subsequent purchasers and encumbrancers.”
B-Bar Tavern Inc. v. Prairie Mountain Bank (In re B-Bar Tavern Inc.), 497 B.R. 84 (Bankr. D. Mont. 2013). · cites it 3× “’s name from the TI, PMB argues that even if the TI was not executed in conformity with the Small Tract Financing Act for that absence, under § 71-1-321 the TI is still considered a mortgage rather than be invalid, citing Brandon v.”
B-Bar Tavern Inc. v. Prairie Mountain Bank (In re B-Bar Tavern Inc.), 506 B.R. 879 (Bankr. D. Mont. 2013). “The district court in affirming Brandon noted that a trust indenture which does not conform with the Small Tract Financing Act (the “Act”) is considered to be a mortgage and is subject to all laws relating to mortgages on real property under MCA § 71-1-321. Brandon, 2012 WL…”
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