Enter the dates from your foreclosure papers and see how much time you have — and what to do next.
An estimate for planning, not legal advice — timelines can vary by county and case. Confirm every date with your papers, the court, or your attorney. Free help: find a HUD-approved housing counselor.
Montana uses a nonjudicial (Small Tract Financing Act trustee's sale for deeds of trust on 40 acres or less — dominant for homes; judicial foreclosure used for larger/agricultural properties) foreclosure process. Key dates come from your own papers — enter them above for your exact timeline.
Statutory right to cure: the borrower (or anyone with a junior interest) may reinstate the loan at any time prior to the time fixed for the trustee's sale by paying the entire amount then due under the loan (other than the portion due only because of acceleration), plus the lender's costs and the trustee's and attorney's fees actually incurred. Curing cancels the foreclosure. MCA §71-1-312
Before the sale: Besides the statutory cure right (available up to the sale), the borrower can always pay off the full loan balance or sell/refinance before the sale.
After the sale: NONE after a nonjudicial trustee's sale — the trustee's deed conveys the property 'without right of redemption' (MCA §71-1-318), and the purchaser is entitled to possession on the 10th day after the sale (MCA §71-1-319). Exception: if the lender forecloses JUDICIALLY (common for properties over 40 acres/agricultural land), the borrower may redeem within 1 year after the sheriff's sale (MCA §25-13-802). MCA §71-1-318 · MCA §25-13-802
The home can be sold, refinanced, or the default cured until the trustee's sale itself (public auction, 9 a.m.–4 p.m. per MCA §71-1-315); after the auction there is no redemption and the buyer can take possession on day 10.
Want the fuller picture beyond the dates? Read the Montana foreclosure guide — timeline, rights & options.
Different from mortgage foreclosure: after a property tax lien attaches, the owner (or occupant or any interested party) may redeem by paying the delinquent taxes, penalties, interest, and costs until the first working day in August 3 years after the tax lien attached (shortened to 2 years only for certain vacant subdivided lots with delinquent special-assessment liens). The period is defined by the statute's August cutoff, not a flat 36 months. MCA §15-18-111
Practitioner estimate: at least ~4–5 months from the notice of trustee's sale to the sale (the 120-day notice period sets the floor), on top of the federal requirement that the loan generally be 120+ days delinquent before foreclosure starts (12 C.F.R. §1024.41(f)). (Practitioner estimate, not a statute.)
If your mortgage predates your military service, the federal SCRA generally requires a court order to foreclose during active duty and for 12 months after (50 U.S.C. §3953). These protections must be raised — tell the court and your counselor.