- Who sends it
- The buyer at the trustee's sale (often the lender) or its lawyer, served on you in person, left at your home and mailed, or posted and mailed
- What it starts
- A move-out period of at least 1 month, stated in the notice
- Do this first
- Write down the move-out date in the notice and call Montana Legal Services Association
What this notice is in Montana
After a trustee's sale, the trustee gives the buyer a trustee's deed, which passes title with no right of redemption (Mont. Code Ann. § 71-1-318). The buyer is entitled to possession on the 10th day after the sale. Anyone still in the home after that, except someone whose rights came before the trust indenture, is "deemed to be tenants at will" (§ 71-1-319).
Montana's general rule is that a tenancy at will, however it was created, ends when the landlord gives written notice to remove from the premises within a period of not less than 1 month, stated in the notice (§ 70-27-104). Here the buyer is in the landlord's place. Montana law does not give this notice a set title.
What it does and does not mean
- It does not mean you must leave on the day it arrives. Montana law says the buyer may proceed to recover possession only after the notice period has expired, "but not before" (§ 70-27-105).
- It is not a court order. Only a court judgment can order you out if you stay past the notice period. That case would start with a summons for unlawful detainer.
- It does not mean you owe the lender more money. After a trustee's sale, Montana bars a deficiency judgment (§ 71-1-317).
- It does not undo the sale. There is no right to redeem the home after a trustee's sale (§ 71-1-318(3)).
The deadlines and how to count them
- Day 10 after the sale: the buyer becomes entitled to possession, and you become a tenant at will (§ 71-1-319). Count calendar days from the sale date.
- The notice must give you a period of at least 1 month to remove from the home (§ 70-27-104). Find the date in the notice. If the period it gives is shorter than 1 month, show it to a lawyer.
- The notice can be served by handing it to you, by leaving it with an adult at your home or work and mailing a copy, or, if no one can be found, by posting it on the property, giving a copy to anyone living there, and mailing a copy (§ 70-27-110). The way it was served can matter, so write down how and when you got it.
See after a foreclosure sale in Montana for the rest of the timeline.
What to do this week
- Mark the move-out date in the notice on your calendar and start planning where you will go.
- Call Montana Legal Services Association at 1-800-666-6899 (Tuesday through Thursday, 9 a.m. to 1 p.m.) or apply online.
- If the buyer offers money to leave by a set date, get the offer in writing before you agree. See cash for keys offers.
- Ask the county whether the sale left a surplus. Watch for a notice of surplus funds.
- Take photos of the home and remove your belongings before you hand over the keys.
- If you rent the home from the former owner, your rights may be different. See the national page on a tenant notice after foreclosure.
State help and scam warnings
The Montana Court Help Program, a free service of the Montana Supreme Court, can give you legal information if the buyer files a case. The State Bar of Montana Lawyer Referral Service is at (406) 449-6577. The Montana foreclosure help page lists more.
- Be careful with anyone who says they can undo the sale or let you stay for a fee. Free help is available.
- Report scams to the Montana Office of Consumer Protection at the Department of Justice.
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 can I stay after a Montana trustee's sale?
The buyer is entitled to possession on the 10th day after the sale, and you become a tenant at will after that (Mont. Code Ann. § 71-1-319). A tenancy at will ends with a written notice that gives at least 1 month to remove (§ 70-27-104). The buyer can go to court only after that period ends (§ 70-27-105).
Can the buyer change the locks right after a Montana foreclosure sale?
Montana's statute says the buyer may reenter or proceed according to law only after the notice period has expired (Mont. Code Ann. § 70-27-105). If someone tries to lock you out or remove your things without a court order, call Montana Legal Services Association or a lawyer right away.
Does the buyer have to go to court to remove me in Montana?
If you have not left when the notice period ends, the usual path is an unlawful detainer case in the district court or the justice court of the county (Mont. Code Ann. §§ 70-27-101, 70-27-108). You would be served with a summons that gives you 10 days to answer.
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.
- 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.
- Sheriff's certificate of saleAfter a court foreclosure in Montana, the sheriff sells the home and gives the buyer a certificate of sale, with a duplicate filed with the county clerk. It is not a deed. You have 1 year from the sale to redeem, and the buyer cannot take possession from you during that year while you live there as your home.
Sources
- Mont. Code Ann. § 71-1-319 (possession on the 10th day; tenants at will)
- Mont. Code Ann. § 71-1-318 (trustee's deed; no right of redemption)
- Mont. Code Ann. § 70-27-104 (tenancy at will; termination by notice)
- Mont. Code Ann. § 70-27-105 (remedies after notice)
- Mont. Code Ann. § 70-27-110 (service of notice)
- Montana Legal Services Association: Apply for services