Montana Complaint or Petition to Recover Deficiency after Sale under Trust Deed or Deed of Trust

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US-01525BG
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A deficiency judgment is typically in an amount equal to the difference between the funds received from a court sale of property and the balance remaining on a debt. Deficiency judgments are commonly issued when a property owner fails to pay amounts owed on a mortgage and the property securing the mortgage is sold to satisfy the debt, but the proceeds from the sale are less than the amount owed.


Deficiency judgments are not allowed in all states. In order to get a deficiency judgment in most states, the party owed money must file a suit for judicial foreclosure instead of just foreclosing on real property. However, some states allow a lawsuit for a deficiency after foreclosure on the mortgage or deed of trust. Local laws should be consulted for specific requirements in your area.

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  • Preview Complaint or Petition to Recover Deficiency after Sale under Trust Deed or Deed of Trust
  • Preview Complaint or Petition to Recover Deficiency after Sale under Trust Deed or Deed of Trust
  • Preview Complaint or Petition to Recover Deficiency after Sale under Trust Deed or Deed of Trust
  • Preview Complaint or Petition to Recover Deficiency after Sale under Trust Deed or Deed of Trust

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FAQ

The jurisdiction clause is an important element of any trust deed, as it establishes which country's courts have jurisdiction over the administration of the trust or any potential disputes between the trustee and beneficiaries.

Beneficiary. The beneficiary, more commonly known as the lender, is the person or company that lends the borrower money, and who will be entitled to be repaid from the proceeds of a foreclosure.

The three parties involved in a deed of trust are: The borrower is the trustor. The third party who holds the title is the trustee. The lender is the beneficiary.

Mortgage States and Deed of Trust States StateMortgage StateDeed of Trust StateMontanaYYNebraskaYNevadaYNew HampshireY47 more rows

A trust indenture is held by a company who owns many small parcels of land and, in the interest of allowing banks to foreclose, the trust indenture is a promissory note and is a legal document that cannot be held by the company itself, but by an individual person or couple.

Trustor: This is the borrower. Trustee: This is the third party who will hold the legal title to the real property. Beneficiary: This is the lender.

Under a deed of trust, the lender has the remedy of nonjudicial foreclosure. Non-Judicial Foreclosure. A deed of trust may be foreclosed judicially (i.e. through the courts) or non-judicially (i.e. outside of the courts).

The borrower under a deed of trust is known as. The answer is the trustor. A borrower gives a deed of trust to a trustee and a note to the lender, thus becoming a trustor on the deed of trust and a maker?or obligor?on the note. The deed is held by the trustee, and the lender is the beneficiary of the trust.

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Montana Complaint or Petition to Recover Deficiency after Sale under Trust Deed or Deed of Trust