Public-domain · open source
OpenJurist

Mont. Code Ann. § 71-1-318

Trustee's deed

Known as the Small Tract Financing Act

The act spans §§ 71–71 (21 sections).

Applied in 1 court decision — leading case In Re McLouth (2000)

Most recently applied in In Re McLouth (September 2000)

En

(1) The trustee's deed to the purchaser at the trustee's sale may contain, in addition to a description of the property conveyed, recitals of compliance with the requirements of this part relating to the exercise of the power of sale and the sale, including recitals of the facts concerning the default, the notice given, the conduct of the sale, and the receipt of the purchase money from the purchaser.

(2) When the trustee's deed is recorded in the deed records of the county or counties where the property described in the deed is situated, the recitals contained in the deed and in the affidavits required under 71-1-315 (2) are prima facie evidence in any court of the truth of the matters set forth in the recitals, except that the recitals are conclusive evidence in favor of subsequent bona fide purchasers and encumbrancers for value and without notice.

(3) The trustee's deed operates to convey to the purchaser, without right of redemption, the trustee's title and all right, title, interest, and claim of the grantor and the grantor's successors in interest and of all persons claiming by, through, or under them in and to the property sold, including all right, title, interest, and claim in and to the property acquired by the grantor or the grantor's successors in interest subsequent to the execution of the trust indenture.

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.