Montana Statutes
§ 71-1-202 — Mortgage Not Considered Conveyance -- Recovery Of Possession
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.
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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.
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 Required