Right to cure the default any time before the trustee’s sale
Mont. Code Ann. § 71-1-312(1)
In plain words
In a Montana trustee foreclosure, you can stop the process at any time before the sale time by paying what is then due (not the part of the loan that would not be due without the default), plus actual costs and reasonable trustee and attorney fees. The foreclosure is then discontinued.
Who is protected
Montana grantors under a trust indenture, and junior lienholders.
When it applies
- Only in Montana.
- Only after a notice of default or once a sale date is set.
What you can do
Ask in writing
Ask the trustee in writing for the cure amount good through the sale date.
Deadline: Before the time set for the trustee’s sale
Open the toolRead the Montana guide
Our Montana page explains the whole process step by step, with its sources and free local help.
Open the tool
Honest limits
- You must pay the full past-due amount and allowed fees.
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawCure and discontinuance of foreclosure
Mont. Code Ann. § 71-1-312(1)
Exact part: (1)
What it says: The grantor may pay the amount then due, with costs and fees, any time before the sale and cure the default.
Read the official texthttps://leg.mt.gov/bills/mca/title_0710/chapter_0010/part_0030/section_0120/0710-0010-0030-0120.html
Court cases
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
Right to a mailed notice of sale at least 120 days before the sale
Mont. Code Ann. § 71-1-315(1)(a)
In a Montana trustee foreclosure, the recorded notice of sale must be mailed to you by certified mail at least 120 days before the sale. It must also be posted on the property and published in a newspaper.
Read this rightNo deficiency after a trustee’s sale
Mont. Code Ann. § 71-1-317
When a Montana trust indenture is foreclosed by advertisement and sale (outside court), the lender cannot sue you or get a judgment for the remaining debt.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this rightChapter 13: catch up on missed mortgage payments over time
11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this right