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Montana · ForeclosureMontana redemption: one year after an execution sale and possession after a trustee's sale

Montana handles the two kinds of foreclosure differently. When property is sold at an execution sale, the judgment debtor or a redemptioner may redeem it from the purchaser at any time within 1 year after the sale by paying the purchase price with interest at the rate set by the judgment; any assessments or taxes the purchaser paid after the purchase, with interest; reasonable repair, maintenance and other expenditures made to maintain the property, with interest; and, if the purchaser is also a creditor with a lien prior to the redemptioner's, the amount of that lien with interest (MCA 25-13-802). After a trustee's sale under a trust indenture, the purchaser is entitled to possession of the property on the 10th day following the sale, and anyone remaining in possession after that under an interest junior to the trust indenture is a tenant at will (MCA 71-1-319). A buyer of property coming out of a Montana foreclosure should know which kind of sale it was.

What the statutes set

  1. Execution sale (MCA 25-13-802)

    Redemption within 1 year after the sale.

  2. Price (MCA 25-13-802)

    Purchase price, taxes, assessments, maintenance and repairs, with interest.

  3. Trustee's sale (MCA 71-1-319)

    Purchaser entitled to possession on the 10th day after the sale.

What the TC checks when buying Montana property after a foreclosure sale

  • Find out whether the property is still within a redemption period and when it ends.
  • Ask the title company whether it will insure before the redemption period expires.
  • Track the redemption deadline as a dated task and keep the closing date after it.

Questions about Montana redemption after foreclosure

How long is the Montana redemption period after an execution sale?

One year after the sale (MCA 25-13-802).

When does a Montana trustee's sale buyer get possession?

On the 10th day following the sale; junior occupants after that are tenants at will (MCA 71-1-319).

Related guides

Add the redemption deadline as a dated task on the deal in ClosingCode.

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Sources: MCA 25-13-802, 71-1-319 (leg.mt.gov, MCA 2025), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.