- Who sends it
- The sheriff gives it to the buyer and files a duplicate with the county clerk; you may see it in the county records or the court file
- What it starts
- 1 year from the sale date to redeem the home
- Do this first
- Write down the sale date and the price bid, and mark the date 1 year later
What this document is in Montana
This page applies only if your home was sold by the sheriff after a court foreclosure judgment, not after a trustee's sale. Upon a sale of real property, the officer must give the buyer a certificate of sale with a description of the property, the price bid, the whole price paid, and, if the property can be redeemed, a statement saying so. A duplicate is filed in the office of the county clerk (Mont. Code Ann. § 25-13-711).
Before the sale, the general rule for sheriff's sales of real estate is a posted notice headed "SHERIFF'S SALE" in three public places for 20 days and a weekly newspaper ad for the same period (§ 25-13-701(1)(c)). See the national page on a notice of sheriff's sale.
What it does and does not mean
- It does not give the buyer the home outright. The buyer gets a deed only if no one redeems within 1 year after the sale (§ 25-13-810).
- It does not mean you must move. The buyer is not entitled to possession against you during the redemption year while you personally live in the home with your family (§§ 71-1-229, 25-13-821).
- It may be followed by a deficiency judgment if the sheriff's return shows the sale did not cover the debt (§ 71-1-222(2)), unless the mortgage was a seller's purchase price mortgage (§ 71-1-232).
- If the sale brought in more than was owed, the court may order the surplus paid to the person entitled to it or deposited with the court in the meantime (§ 71-1-225).
The deadline and how to count it
- You can redeem any time within 1 year after the sale (§ 25-13-802). Count from the sale date stated in the certificate, not the date it was filed.
- To redeem, you pay the buyer the purchase price with interest at the rate set in the judgment, plus taxes or assessments the buyer paid, plus reasonable repairs and maintenance the buyer paid, with interest. If the buyer is also a creditor with an earlier lien, that lien amount is added (§ 25-13-802).
- Even if a lienholder redeems first, you as the judgment debtor still have the entire 1 year from the sale to redeem (§ 25-13-810).
- Ask for the exact figure in writing well before the year ends.
See after a foreclosure sale in Montana for more on the redemption year.
What to do this week
- Get a copy of the certificate of sale from the county clerk or the court file, and the sheriff's return.
- Mark the date 1 year after the sale. Plan how you might raise the money: a refinance, a sale of the home, or help from family.
- Keep paying property taxes and keep the home in good repair, since the redemption price can include taxes the buyer pays.
- Watch for a deficiency judgment in the court case and read Montana deficiency rules.
- Apply to Montana Legal Services Association at 1-800-666-6899, or call the State Bar of Montana Lawyer Referral Service at (406) 449-6577, before the year runs out.
State help and scam warnings
A NeighborWorks Montana counselor (1-866-587-2244) can help you look at refinancing or selling during the redemption year. The Montana foreclosure help page lists more free help.
- Investors may offer to buy your redemption right cheaply. Get legal advice before you sign anything that transfers your right to redeem or your deed.
- Check any company that offers to help with the Montana Division of Banking and Financial Institutions at (406) 841-2920.
The rest of the Montana process
See how foreclosure works in Montana, the timeline, ways to stop it and free help in Montana, or read the national guide to this letter.
Common questions
How long do I have to redeem after a Montana sheriff's sale?
1 year after the sale (Mont. Code Ann. § 25-13-802). The judgment debtor has the entire year even if a lienholder redeems first (§ 25-13-810).
Can I live in my home during the Montana redemption year?
Yes, if you personally occupy it as a home for you and your family. The buyer is not entitled to possession against you during the redemption period (Mont. Code Ann. §§ 71-1-229, 25-13-821).
Is there a redemption year after a Montana trustee's sale?
No. The trustee's deed passes title without any right of redemption (Mont. Code Ann. § 71-1-318), and the redemption rules do not apply to trustee's sales under the Small Tract Financing Act (§ 71-1-228). This page applies only to court foreclosures.
What does it cost to redeem a Montana home after a sheriff's sale?
The purchase price with interest at the rate set by the judgment, plus taxes, assessments, and reasonable repair and maintenance costs the buyer paid, with interest, and any earlier lien the buyer holds (Mont. Code Ann. § 25-13-802).
Other Montana letters
- Notice of Trustee's SaleIn Montana, the Notice of Trustee's Sale is the main foreclosure paper for a home under a trust indenture. It is recorded with the county and mailed to you by certified mail at least 120 days before the auction. You can still stop the sale by paying only what is past due, plus costs and fees, any time before the time set for the sale.
- Notice of surplus fundsIf your home sold at a trustee's sale for more than the loan and sale costs, Montana law makes the trustee deposit the extra with the county clerk and recorder and mail you notice. The county treasurer holds it. Only a district court order releases it, so you must file a petition.
- Written notice ending a tenancy at willAfter a Montana trustee's sale, the buyer is entitled to possession on the 10th day, and anyone still living there is treated as a tenant at will. Montana law ends a tenancy at will with a written notice to leave within a period of at least 1 month. Only after that period can the buyer go to court.
- Summons and complaint for unlawful detainerIf you are still in the home after the move-out period in the buyer's written notice, the buyer can sue for possession in district court or justice court. The summons must tell you to appear and answer within 10 days of service. If you do not, the court must enter judgment against you.
- Summons and complaint for foreclosureMontana lenders may foreclose a trust indenture in court instead of by trustee's sale, and older mortgages are foreclosed in court. If you are served with a summons and complaint, you generally have 21 days to answer. A court foreclosure can lead to a deficiency judgment, but it also gives you 1 year to redeem after the sheriff's sale.
Sources
- Mont. Code Ann. § 25-13-711 (certificate of sale)
- Mont. Code Ann. § 25-13-802 (time for redemption; amount)
- Mont. Code Ann. § 25-13-810 (when purchaser entitled to conveyance)
- Mont. Code Ann. § 25-13-821 (possession during redemption period)
- Mont. Code Ann. § 25-13-701 (notice of sale on execution)
- Mont. Code Ann. § 71-1-229 (possession during redemption period)
- Mont. Code Ann. § 71-1-228 (redemption; trust indentures excluded)
- Mont. Code Ann. § 71-1-222 (deficiency after sheriff's return)
- Mont. Code Ann. § 71-1-225 (surplus money from sale)