Montana Statutes
§ 71-1-105 — Mortgagee Not Entitled To Possession
Montana § 71-1-105
This text of Montana § 71-1-105 (Mortgagee Not Entitled To Possession) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Mont. Code Ann. § 71-1-105 (2026).
Text
71-1-105 . Mortgagee not entitled to possession. 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.
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Legislative History
En. Sec. 3816, Civ. C. 1895; re-en. Sec. 5737, Rev. C. 1907; re-en. Sec. 8252, R.C.M. 1921; Cal. Civ. C. Sec. 2927; Based on Field Civ. C. Sec. 1620; re-en. Sec. 8252, R.C.M. 1935; R.C.M. 1947, 52-107.
Nearby Sections
15
§ 71-1-101
Definition§ 71-1-102
Power Of Attorney To Execute§ 71-1-104
Mortgage Not A Personal Obligation§ 71-1-105
Mortgagee Not Entitled To Possession§ 71-1-106
Waste Prohibited§ 71-1-107
Transfers Of Interest§ 71-1-108
Subsequently Acquired Title§ 71-1-109
Mortgage Of Property Adversely Held§ 71-1-111
Power Of Sale§ 71-1-112
Applicable Laws§ 71-1-113
Limit On The Amount Of Funds On Reserve§ 71-1-114
Exception To Limitation§ 71-1-115
Record Of Reserve Fund RequiredCite This Page — Counsel Stack
Bluebook (online)
Montana § 71-1-105, Counsel Stack Legal Research, https://law.counselstack.com/statute/mt/1/71-1-105.