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Foreclosure and tax sales in Montana

What our research shows about Montana's rules. General information with sources — not legal advice, and not a reading of your papers.

BasicThe essentials, each with its source. General deadlines only.Research last reviewed 2026-09-22

Your state

How foreclosure works

Usual process: Nonjudicial (out of court)
Trust indentures under the Small Tract Financing Act (property up to 40 acres).
From a reputable summary[1][2]
Allowed processes: Judicial (through court) · Nonjudicial (out of court)
From a reputable summary[1]
Main statutes: Mont. Code §§ 71-1-301 to 71-1-321; Mont. Code § 71-1-312; Mont. Code § 71-1-313; Mont. Code § 71-1-315; Mont. Code § 71-1-317; Mont. Code § 71-1-318
From a reputable summary[1]
Typical length (estimate): Not researched yet for this state.

+At least 120 days
Federal rule: the servicer generally cannot make the first foreclosure notice or filing until you are more than 120 days behind
Applies to most home loans in every state. A complete loss-mitigation application sent more than 37 days before a sale also triggers federal protections.
Checked against the official text12 CFR § 1024.41(f)(1)
Notice of sale — at least 120 days before the sale
The trustee records and mails the notice of sale at least 120 days before the sale, posts it on the property at least 20 days before, and publishes it once a week for three successive weeks.
From a reputable summary
+At least 120 days
Foreclosure sale
Between 9:00 a.m. and 4:00 p.m. at the county courthouse (or the property/trustee’s office in the county).
From a reputable summary
No right to redeem after the sale
No redemption after a Small Tract Financing Act sale; the buyer may take possession on the 10th day.
From a reputable summary

A general sequence built from the rules above. "At least" periods are the shortest we found; your case can take longer.

Notice before foreclosure: Not researched yet for this state.
Notice of sale: At least 120 daysThe trustee records and mails the notice of sale at least 120 days before the sale, posts it on the property at least 20 days before, and publishes it once a week for three successive weeks.
Mont. Code §§ 71-1-313, 71-1-315
From a reputable summary[1]
Publication: Newspaper once a week for three successive weeks.
From a reputable summary[1]
When sales happen: Between 9:00 a.m. and 4:00 p.m. at the county courthouse (or the property/trustee’s office in the county).
Mont. Code § 71-1-313
From a reputable summary[1]

Catching up (reinstatement): Any time before the sale.
Mont. Code § 71-1-312
From a reputable summary[1][2]
Buying the home back (redemption): NoNo redemption after a Small Tract Financing Act sale; the buyer may take possession on the 10th day.
Mont. Code §§ 71-1-318, 71-1-319
From a reputable summary[1][2]
Owing money after the sale (deficiency): LimitedNot after a nonjudicial trust-indenture foreclosure; not after a judicial foreclosure of an occupied single-family home.
Mont. Code § 71-1-317
From a reputable summary[1]
Mediation: Not researched yet for this state.

Tax sale system: Tax lien certificate sale
The tax lien attaches in August and may be assigned to a third party; after redemption the assignee applies for a tax deed and the property is auctioned.
From a reputable summary[3]
How it works: Taxes unpaid by 5:00 p.m. May 31 are delinquent. Notice of the pending lien is published by the last Monday in June and the lien attaches by the first working day of August.
From a reputable summary[3]
Redeeming after a tax sale: Generally until the first working day of August three years after the lien attaches (two years for certain undeveloped lots). Owner-occupants must get personal-delivery attempts before a tax deed issues.
Mont. Code §§ 15-18-111, 15-18-212
From a reputable summary[3]
Relief programs: Not researched yet for this state.
Payment plans: You may pay property taxes in seven monthly installments.
From a reputable summary[3]
Surplus after a tax sale: Not researched yet for this state.

Federal exemption list: State list only (opted out)
This state has opted out: in bankruptcy you use the state exemption list (plus federal non-bankruptcy exemptions), not the federal § 522(d) list.
From a reputable summary[4]
Homestead exemption: ~$425,829 (4% yearly escalator from $350,000 in 2021)Statutory base of $350,000 (2021) rising 4% each January; a declaration of homestead must be recorded before bankruptcy.(Mont. Code § 70-32-104(3))
From a reputable summary[5]

Free legal aid (LSC-funded): Montana Legal Services Association
Checked against the official text[7]
Legal help website: MontanaLawHelp.org
Checked against the official text[8]
State housing agency: Montana Housing
Checked against the official text[6]
Attorney general / consumer protection: Montana Office of Consumer Protection
The official site blocked our automated check on 2026-09-22; confirm the page before relying on it.
Not confirmed — check it[9]
Court self-help: Montana Law Help
Checked against the official text[8]
HUD-approved housing counselors: HUD-approved housing counseling agencies — Free or low-cost, HUD-approved housing counselors in every state. Call or search by ZIP code.

Retrieved 2026-09-22. Official texts are marked “official”; summaries are marked “summary”.