Montana Statutes

§ 71-1-105 — Mortgagee Not Entitled To Possession

Montana·Title 71 MORTGAGES, PLEDGES, AND LIENS·Ch. 1 MORTGAGES·Part 1 General Provisions
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.

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