What Public Notice Requirements are There for a Real Estate Foreclosure in Montana?
If a lender pursues a judicial foreclosure then public notice is first provided when the lender files the lawsuit with the Montana state courts. A judge will then issue a Notice of Sale with instructions about how the Notice must be publicized.
However, if the lender has the authority, through a power of sale clause in the loan agreement, to pursue a foreclosure without judicial involvement then the lender must follow the public notice requirements set forth in state law. Those public notice requirements include publishing the Notice of Sale in a local newspaper for at least three consecutive weeks and posting the Notice of Sale on the property at least 20 days prior to the date of the intended sale. If the foreclosure sale is postponed for 15 days or less then the lender must put a revised Notice of Sale on the property informing the public of the new date and time of the sale.