A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale. When the mortgage confers a power of sale, as mentioned in 71-1-111, possession may be recovered according to the terms of the mortgage.
Mont. Code Ann. § 71-1-202
Mortgage not considered conveyance -- recovery of possession
Applied in 1 court decision — leading case 154 F. Supp. 3d 1080 - Essex Ventures, LLP v. Samuel (2015)
Most recently applied in 154 F. Supp. 3d 1080 - Essex Ventures, LLP v. Samuel (December 2015)
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.