- Who sends it
- The buyer at the trustee's sale or its lawyer, through the court, usually served on you in person
- What it starts
- 10 days from service to appear and answer in writing
- Do this first
- Call the court clerk named on the summons and Montana Legal Services Association the same day
What this document is in Montana
Montana's forcible entry and unlawful detainer law covers someone who stays after a tenancy at will has been ended by written notice (Mont. Code Ann. § 70-27-108(1)). After a trustee's sale, the law treats a former owner who stays past the 10th day as a tenant at will (§ 71-1-319), and the buyer ends that with a written notice to remove.
The buyer files a written complaint that describes the home and the facts, and the court issues a summons (§ 70-27-113). The case can be filed in the district court or the justice court of the county where the home is (§ 70-27-101(2)).
What it does and does not mean
- It is a court case, not just a letter. Ignoring it leads to a default judgment.
- It does not by itself let anyone remove you. Removal comes after a judgment, and the national page on a writ of possession explains that step.
- It does not claim money for the old loan. After a trustee's sale, Montana bars a deficiency judgment (§ 71-1-317). The complaint may claim damages, so read it closely.
- It is your chance to tell the judge if the notice period was too short or the notice was not served properly.
The deadlines and how to count them
- The summons must tell you to appear and answer within 10 days of service (§ 70-27-114(1)(b)).
- If you do not appear and defend within 10 days of service, the court must enter your default and a judgment for the buyer (§ 70-27-117).
- In district court, count calendar days starting the day after you were served. If the last day is a Saturday, Sunday or legal holiday, the deadline moves to the next day that is not (Mont. R. Civ. P. 6(a)). If the case is in justice court, ask the clerk how it counts days.
- If the summons could not be served on you in person, it can be served the same ways as the earlier notice, such as posting and mailing (§ 70-27-114(3)). The 10 days still run from service.
What to do this week
- Write the date you were served on the summons and count 10 days.
- Call Montana Legal Services Association at 1-800-666-6899 or apply online today.
- Contact the Montana Court Help Program for free legal information and forms about filing an answer.
- File your written answer with the court clerk named on the summons before the deadline, and send a copy to the buyer's lawyer. Keep a stamped copy.
- Bring the trustee's sale notice, the written notice to remove, and anything showing when and how you got them.
- If you plan to move, ask the buyer in writing for enough time, and get any agreement in writing.
State help in Montana
Montana has no foreclosure mediation program that we could find, so your free help is legal aid, the court self-help centers, and the State Bar of Montana Lawyer Referral Service at (406) 449-6577. The Montana foreclosure help page and after a foreclosure sale in Montana have more.
- Self-help law centers are listed on the Montana Court Help Program site, for example in Great Falls and Kalispell.
- Anyone who offers to stop an eviction for a fee should be checked first. Call legal aid before you pay.
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 answer a Montana unlawful detainer summons?
The summons must tell you to appear and answer within 10 days of service (Mont. Code Ann. § 70-27-114). If you do not, the court must enter a default judgment for the buyer (§ 70-27-117).
Which Montana court hears an eviction after foreclosure?
The district court of the county where the home is, and the justice court of that county also has jurisdiction (Mont. Code Ann. § 70-27-101(2)). The summons names the court. File your answer there.
Can the buyer file this case right after the Montana trustee's sale?
The buyer is entitled to possession on the 10th day after the sale, but a tenancy at will must first be ended by a written notice giving at least 1 month (Mont. Code Ann. §§ 71-1-319, 70-27-104, 70-27-108(1)). If you were sued before that period ended, tell the court in your 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.
- 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 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. § 70-27-108 (unlawful detainer defined)
- Mont. Code Ann. § 70-27-114 (summons; 10 days to appear and answer)
- Mont. Code Ann. § 70-27-117 (judgment by default)
- Mont. Code Ann. § 70-27-101 (application and jurisdiction)
- Mont. Code Ann. § 70-27-113 (complaint and summons)
- Montana Rules of Civil Procedure, Rule 6 (computing time)
- Montana Judicial Branch: Court Help Program
- Montana Legal Services Association: Apply for services