Montana Servicing Reference Guide
- Kacey Olson
| Citation | Topic | Requirement |
| Mont. R. Civ. P. §4D | Commencement of Action | (D) By Publication. When service by publication is permitted pursuant to Rule 4(o), the published summons must also include a statement in general terms of the nature of the action. When the action is one in which the title to, or any interest in or lien upon, real property is involved, affected, or brought into question, the published summons must also contain a description of the real property and a statement of the object of the action. (d) Service. (1) In General. The summons and complaint must be served together. The plaintiff must furnish the necessary copies to the person who makes service. (2) In Person. Service of all process may be made in the county where the party to be served is found by a sheriff, deputy sheriff, constable, or any other person over the age of 18 not a party to the action. (3) (A) By Mail. A summons and complaint may also be served by mailing via first class mail, postage prepaid, the following to the person to be served: (i) a copy of the summons and complaint; (ii) two copies of a notice and acknowledgment conforming substantially to form 18-A; and (iii) a return envelope, postage prepaid, addressed to the sender. (B) A summons and complaint may not be served by mail to the following: (i) A minor; (ii) An incompetent person; or (iii) A corporation, partnership, or other unincorporated association, whether domestic or foreign. (C) If no acknowledgment of service by mail is received by the sender within 21 days after the date of mailing, service of the summons and complaint must be made in person. |
| Mont. Code Ann. §71-1-316 | Distribution of Proceeds of Sale | (1) The trustee shall apply the proceeds of the trustee's sale as follows: (2) Upon the deposit of the surplus, the trustee is discharged from all further responsibility for the surplus. The clerk and recorder shall deposit the surplus with the county treasurer. The county treasurer shall pay the surplus funds as provided in a written order from the district court. |
| Mortgage Act / Mont. Code Ann. §32-9-170 | Notice of Delinquency (Optional Form) | In the event of a delinquency or other act of default on the part of the borrower, the servicer must act in good faith to inform the borrower of the facts concerning the loan and the nature and extent of the delinquency or default and, if the borrower replies, negotiate with the borrower, subject to the mortgage servicer's duties and obligations under the mortgage servicing contract, if any, to attempt a resolution or workout pertaining to the delinquency or default. |
| Execution of Judgment / Mont. Code Ann. §25-13-701(1) | Notice of Sale - Judicial foreclosure | Before the sale of real property on execution, notice must be given by posting a notice of sale for 20 days in 3 public places in the county where the property is situated. The notice must also be posted where the property is to be sold, which may be either at the courthouse or on the premises. |
| Mortgages, Pledges, and Liens / Mont. Code Ann. §71-1-224 | Notice of Sale - Non-judicial foreclosure | At least 30 days before the date fixed for sale, the notice of sale must be served personally upon: (1) the occupant of the property advertised for sale; (2) the borrower, if located within Montana; and (3) every person having or claiming an interest of record in the real estate who may be found within Montana. In addition, except in a trust indenture as defined in the Small Tract Financing Act, at least 30 days before the date fixed for the sale, the notice of sale must be published in a newspaper in the county in which the real estate is situated. If there is no newspaper printed and published in such county, then the notice must be posted in at least 5 conspicuous places in the county, 1 of which must be posted on the land advertised for sale. Two other notices must be posted in conspicuous places in the township in which the land is situated. Of those 2 notices, 1 must be in such conspicuous place as will be most likely to give notice to all persons interested in the sale, and 1 at the front door of the county courthouse where the property is located. |
| Small Tract Financing Act / Mont. Code Ann. §71-1-313(3) | Notice of Sale (Trust Indenture) | A trustee or beneficiary must file for record in the office of the clerk and recorder in each county where the property described in the indenture, or some part thereof, is situated a Notice of Sale. The Notice of Sale must be executed and acknowledged by the trustee or beneficiary and set forth: (1) the names of the grantor, trustee, and beneficiary in the trust indenture and the name of any successor trustee; (2) a description of the property covered by the trust indenture; (3) the book and page of the mortgage records where the trust indenture is recorded; (4) the default for which the foreclosure is made; (5) the sum owing on the obligation secured by the trust indenture; (6) the trustee's or beneficiary's election to sell the property to satisfy the obligation; (7) the date of sale, which must not be less than 120 days subsequent to the date on which the notice of sale is filed for record, and the time of sale, which must be between the hours of 9 a.m. and 4 p.m., mountain standard time; and (8) the place of sale, which must be at: (A) the courthouse of the county or 1 of the counties where the property is situated; (B) the location of the property; or (C) the trustee's usual place of business if within the county or 1 of the counties where the property is situated. |
| Mortgages, Pledges, and Liens / Mont. Code Ann. §71-1-211(1) | Release of Lien | Within 90 days after request, a mortgagee must discharge a mortgage by presenting to the county clerk an acknowledged or proved and certified certificate executed by the mortgagee which specifies the mortgage has been paid or otherwise satisfied or discharged. For information regarding the release of lien by others see, Mont. Code Ann. §71-1-213. |
| Mortgage Act / Mont. Code Ann. §32-9-170 | Schedule and Range of Fees | At the time the mortgage servicer accepts assignment of servicing rights for a mortgage loan, it must disclose to the borrower: (a) any notice required under federal law or regulation; and (b) a schedule of the ranges and categories of the mortgage servicer's costs and fees for its servicing-related activities, which may not exceed those reported to the Department. |