Lenders in Montana can foreclose the properties of their borrowers through judicial or non-judicial foreclosure. Both the processes are acceptable by the Courts of Montana.
- Under judicial foreclosure, the court provides the borrower a grace period after filing a lawsuit to settle the pending amount.
- If the borrower fails to repay, the court issues a foreclosure order based on which the lender can decree the property for sale.
- A non-judicial foreclosure can enforce only when the Deed of Trust does not contain a power of sale clause.
- The lender can sell the property after obtaining pre-authorization from the borrower before the sale.