Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.
Montana Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale - Repossession
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US-01018BG
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How to fill out Complaint Or Petition By Purchaser Against Possessor Of Real Property After Judicial Foreclosure Sale - Repossession?
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FAQ
Foreclosure is a legal process that allows lenders to recover the amount owed on a defaulted loan by taking ownership of and selling the mortgaged property.
In Montana, lenders may foreclose on mortgages and trust indentures that are in default by using either judicial foreclosure or non-judicial foreclosure. A judicial foreclosure involves filing a lawsuit that allows the court to order the foreclosure.
Once your lender has the court order, they could ask you to leave the property quite quickly. You'll usually be given about 2 weeks from the date of the court order. Your lender can't sell the property with you in it, so they might ask the court for a warrant to make sure you leave.
Once you've handed your keys back your lender will sell the property on your behalf. If any money is made from the sale you'll get this back, but as the property will usually be sold at auction it may not make the best price.
Right of redemption is a legal process that allows a delinquent mortgage borrower to reclaim their home or other property subject to foreclosure if they are able to repay their obligations in time.
Can I sell my house with mortgage arrears? Yes you can, and sometimes that's the best option if there's no other way to pay what you owe. However, you do need to consider if this would be the best option for you.
Redemption means paying off the loan, plus interest and costs, to get your property back after the foreclosure sale. In Montana, there is no right of redemption after a non-judicial foreclosure sale. However, if your lender forecloses judicially, you have 1 year after the sale to redeem your property.
Not repaying the outstanding balance by the end of your mortgage term could lead to the repossession of your home and may adversely affect your credit file.
