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Montana · Weigh your options

How to stop a foreclosure in Montana

In Montana you can stop a trustee's sale by paying the past-due amount and costs any time before the sale. You can also apply for loss mitigation, file bankruptcy, or ask a district court to stop a sale that does not follow the law. There is no state mediation program that we could confirm.

Ask for help in Montana Free HUD counselor: (800) 569-4287

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

Ways to stop or delay a foreclosure in Montana

  • Apply for loss mitigation

    Best before the notice of sale; a complete application more than 37 days before the sale has federal protection

    Send your servicer a complete application for a loan modification, repayment plan or other option. A NeighborWorks Montana housing counselor can help you put it together for free.

    12 C.F.R. § 1024.41

  • Cure the default (reinstate)

    Any time before the time set for the trustee's sale

    Pay the amount then due without the accelerated balance, plus costs and reasonable trustee's and attorney fees. The foreclosure must be canceled and the loan reinstated. Ask the trustee in writing for the exact reinstatement figure.

    Mont. Code Ann. § 71-1-312

  • Challenge a defective notice or sale

    Before the sale

    A trustee may sell only if the trust indenture, assignments and trustee appointments are recorded, there is a real default, and the notice rules were followed. If something is wrong, a lawyer can ask the district court to stop the sale.

    Mont. Code Ann. §§ 71-1-313, 71-1-315

  • File bankruptcy

    Before the sale is held

    A bankruptcy filing creates an automatic stay. Montana's statute recognizes that a sale cannot be held at the scheduled time while the stay is in place. Talk to a bankruptcy lawyer first.

    Mont. Code Ann. § 71-1-315; 11 U.S.C. § 362

  • Sell or refinance before the sale

    Closing must happen before the sale

    The 120-day notice period gives time to sell the home yourself or refinance and pay off the loan. Tell the trustee and servicer early and get a written payoff figure.

What Montana law gives you

The right to catch up and stop the sale

Right to reinstate

In a trustee's sale foreclosure you have a right to cure at any time before the time set for the sale. You pay the amount then due without the accelerated principal, plus the costs actually incurred and reasonable trustee's and attorney fees. The foreclosure must then be canceled and the loan put back in place.

Mont. Code Ann. § 71-1-312

Foreclosure mediation

No statewide program

We did not find a statewide foreclosure mediation or settlement conference program in Montana. You can still ask your servicer for a loss mitigation review, and a free housing counselor can help you do that.

120 days of notice before the sale

The notice of sale must be recorded and mailed by certified mail at least 120 days before the sale. That is longer than many nonjudicial states require.

Mont. Code Ann. §§ 71-1-313, 71-1-315

No deficiency after a trustee's sale

When a trust indenture is foreclosed by advertisement and sale, the lender cannot sue you or anyone else on the note for the shortfall.

Mont. Code Ann. § 71-1-317

Cure by paying only what is past due

You can stop a trustee's sale by paying the missed amounts and costs, not the whole loan, any time before the sale.

Mont. Code Ann. § 71-1-312

The options your servicer can offer

Common questions in Montana

Can I stop a Montana trustee's sale by paying only the missed payments?

Yes. Mont. Code Ann. § 71-1-312 lets you pay the amount due without the accelerated principal, plus costs and reasonable trustee's and attorney fees, at any time before the time fixed for the sale. The foreclosure is then canceled.

Does Montana have foreclosure mediation?

We did not find a statewide foreclosure mediation or court settlement program in Montana. Your main tools are a loss mitigation application with your servicer, the right to cure before the sale, and free counseling.

Can I redeem my home after a Montana trustee's sale?

No. The trustee's deed passes title without any right of redemption under Mont. Code Ann. § 71-1-318. A 1-year redemption right exists only when the lender forecloses through the court.

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.

Back to the Montana overview

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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)