Montana Foreclosure Authority

Non-Judicial Timelines & The Small Tract Financing Act (Updated Feb 2026)

The 120-Day Montana "STFA" Clock

Process Stage	Timing	Legal Requirement
Notice of Trustee Sale	Day 1	Must be recorded and mailed at least 120 days before sale.
Public Notice	Weeks 12-15	Published for 3 consecutive weeks in the county paper.
Physical Posting	Day 100	Notice must be physically posted on the property 20 days prior.
Right to Cure	Until Sale	Borrower can reinstate by paying arrears any time before the auction.
The Auction	Day 120+	Held at the courthouse (usually between 9 AM - 4 PM).
Possession	Day 130	New owner entitled to possession 10 days after the sale.

*Per Mont. Code § 71-1-312/315. Most Montana residential foreclosures follow the non-judicial "Small Tract" path.

Montana Favors the Homeowner's Right to Cure

Unlike states with 30-day "sprints," Montana law provides a significant 120-day window under the Small Tract Financing Act. More importantly, Montana allows you to "catch up" and stop the foreclosure at **any point** until the hammer falls. Our verified providers are local experts who help you leverage this 4-month window to save your equity.

Montana Frequently Asked Questions

What is the "Small Tract Financing Act"?

This law covers properties of 40 acres or less. It allows for non-judicial foreclosure but protects homeowners by banning "deficiency judgments"—meaning if the house sells for less than you owe, the bank cannot sue you for the difference.

Does Montana have a Redemption Period?

For non-judicial foreclosures under the STFA: No. The 120-day notice period acts as your "pre-sale" protection. Once the auction is over, the sale is final. (Judicial foreclosures have a 1-year redemption, but these are rare for residential homes).

Can I stay in the home during the 120 days?

Yes. You retain full right to the property until the sale. Even after the sale, the purchaser must give you 10 days' notice before they are entitled to possession.