Is Montana a Title State or an Attorney State?
Montana is a title state. Title and escrow companies typically handle the closing, and state law expressly lets title companies provide escrow, settlement and closing services, so attorney involvement is not legally required.
Is Montana a Community Property State for Mortgages?
No. Montana is not a community property state, and dower and curtesy have been abolished. Montana's homestead protection comes from a declaration of homestead recorded with the county, and if a married owner's home is a declared homestead, state law says it can't be mortgaged unless both spouses sign and acknowledge the security instrument.
What Security Instrument Is Used in Montana?
Montana home loans can be secured by a trust indenture under the state's Small Tract Financing Act, which works like a deed of trust and allows a trustee's sale after a default. A trust indenture is available only for property of 40 acres or less, and the trustee must be a Montana-licensed attorney, a bank, trust company or savings and loan, or a title company authorized in Montana.