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What happens after a foreclosure sale in Montana

After a Montana trustee's sale the buyer can take possession on the 10th day, you cannot redeem, and the lender cannot pursue you for a deficiency. If the home sold for more than was owed, you may be able to claim the extra money through the district court.

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Reviewed against Montana law and official sources on October 11, 2026. General information, not legal advice.

What happens after the sale in Montana, in order

  1. Trustee's deed to the buyer

    At or soon after the sale

    The trustee gives the buyer a deed that passes your title with no right of redemption.

    Mont. Code Ann. § 71-1-318

  2. How long you can stay

    Until the 10th day after the sale

    The buyer is entitled to possession on the 10th day following the sale. If you stay past that, the law treats you as a tenant at will, and the buyer can start a removal case.

    Mont. Code Ann. § 71-1-319

  3. No deficiency judgment

    After a trustee's sale

    The lender cannot sue you for the difference between the sale price and what you owed when it forecloses by advertisement and sale.

    Mont. Code Ann. § 71-1-317

  4. Surplus funds

    After the sale; watch for a mailed notice of surplus

    Extra money goes to the county clerk and recorder and then the county treasurer. File a petition in the district court to ask for your share. Junior lienholders are paid ahead of you in order of priority.

    Mont. Code Ann. § 71-1-316

  5. If the sale was a court foreclosure

    1 year after the sheriff's sale

    A court foreclosure gives you 1 year to redeem by paying the buyer the price plus interest and certain costs. A deficiency judgment is possible in a court foreclosure.

    Mont. Code Ann. §§ 25-13-802, 71-1-222

The three questions that matter after a sale

Can I get the home back in Montana?

Limited redemption

There is no right to buy the home back after a trustee's sale under the Small Tract Financing Act. If the lender forecloses in court instead, the owner can redeem within 1 year after the sheriff's sale by paying the sale price plus interest and certain costs.

Mont. Code Ann. §§ 71-1-318, 71-1-228, 25-13-802

Can the lender come after me for the rest?

Limited

After a trustee's sale by advertisement, the lender cannot get a deficiency judgment against you. If the lender forecloses in court, the court can enter a judgment for the unpaid balance, except on a mortgage given to the seller for the balance of the purchase price.

Mont. Code Ann. §§ 71-1-317, 71-1-222, 71-1-232

What if the home sold for more than I owed?

After a trustee's sale, money left over after sale costs and the foreclosed loan is deposited with the county clerk and recorder and held by the county treasurer. The trustee must mail a notice of the surplus to everyone who got the notice of sale. To claim it, you file a petition in the district court of that county, and the court decides who is paid and in what order.

Mont. Code Ann. § 71-1-316

Common questions in Montana

How long do I have to move out after a foreclosure sale in Montana?

After a trustee's sale the buyer is entitled to possession on the 10th day following the sale under Mont. Code Ann. § 71-1-319. If you are still there, the buyer must use a legal process to remove you, so get advice from Montana Legal Services Association quickly.

Can the bank come after me for money after a Montana foreclosure?

Not after a trustee's sale. Mont. Code Ann. § 71-1-317 bars any deficiency judgment when a trust indenture is foreclosed by advertisement and sale. A deficiency is possible only if the lender forecloses in court.

Who holds surplus money from a Montana trustee's sale?

The trustee deposits it with the county clerk and recorder, who passes it to the county treasurer. You ask for it by filing a petition in the district court for that county under Mont. Code Ann. § 71-1-316.

Step by step

More on foreclosure in Montana

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

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Sources for this page

  1. Montana Code Annotated 2025, Title 71, Chapter 1, Part 3: Small Tract Financing Act (table of contents)
  2. Mont. Code Ann. § 71-1-312, Discontinuance of foreclosure when default paid
  3. Mont. Code Ann. § 71-1-313, Conditions for foreclosure by advertisement and sale
  4. Mont. Code Ann. § 71-1-315, Notice, sale, payment
  5. Mont. Code Ann. § 71-1-316, Disposition of proceeds of sale, surplus funds
  6. Mont. Code Ann. § 71-1-317, Deficiency judgment not allowed
  7. Mont. Code Ann. § 71-1-318, Trustee's deed
  8. Mont. Code Ann. § 71-1-319, Possession
  9. Mont. Code Ann. § 71-1-222, Proceedings in foreclosure suits
  10. Mont. Code Ann. § 71-1-232, Deficiency judgment not allowed on purchase price mortgage
  11. Mont. Code Ann. § 25-13-802, Time for redemption
  12. Montana Department of Commerce, Homeowner Assistance Fund
  13. Montana Division of Banking and Financial Institutions, Consumer Information (Foreclosure Prevention)