Montana § 71-1-202 Mortgage Not Considered Conveyance -- Recovery Of Possession

Montana Statutes

§ 71-1-202 — Mortgage Not Considered Conveyance -- Recovery Of Possession

Montana § 71-1-202

Title 71MORTGAGES, PLEDGES, AND LIENS

Ch. 1MORTGAGES

Part 2Mortgages of Real Property

This text of Montana § 71-1-202 (Mortgage Not Considered Conveyance -- Recovery Of 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. § 71-1-202 (2026).

Text

71-1-202 . Mortgage not considered conveyance -- recovery of possession. 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.

Free access — add to your briefcase to read the full text and ask questions with AI

71-1-202 . Mortgage not considered conveyance -- recovery of possession. 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.

Legislative History

En. Sec. 239, p. 93, Bannack Stat.; re-en. Sec. 260, p. 188, L. 1867; re-en. Sec. 309, p. 95, Cod. Stat. 1871; re-en. Sec. 359, p. 139, L. 1877; re-en. Sec. 359, 1st Div. Rev. Stat. 1879; re-en. Sec. 371, 1st Div. Comp. Stat. 1887; amd. Sec. 1316, C. Civ. Proc. 1895; re-en. Sec. 6877, Rev. C. 1907; re-en. Sec. 9495, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 744; re-en. Sec. 9495, R.C.M. 1935; R.C.M. 1947, 93-6219.