A mortgage does not entitle the mortgagee to the possession of the property unless authorized by the express terms of the mortgage, but after the execution of the mortgage, the mortgagor may agree to such change of possession without a new consideration.
Mont. Code Ann. § 71-1-105
Mortgagee not entitled to possession
Applied in 1 court decision — leading case Young v. Embley (2006)
Most recently applied in Young v. Embley (September 2006)
En
Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.