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3 chapters · 231 sections in this title.
Mont. Code Ann. § 71-1-101 Definition
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"Mortgage" is a contract by which specific property is hypothecated for the performance of an act, without the necessity of a change of possession.
Mont. Code Ann. § 71-1-102 Power Of Attorney To Execute
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A power of attorney to execute a mortgage must be in writing, subscribed, acknowledged or proved, certified, and recorded in like manner as powers of attorney for grants of real property.
Mont. Code Ann. § 71-1-103 Mortgage A Special Lien -- On What A Lien
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(1) The lien of a mortgage is special, unless otherwise expressly agreed, and is independent of possession. (2) A mortgage is a lien upon everything that would pass by a grant of the property.
Mont. Code Ann. § 71-1-104 Mortgage Not A Personal Obligation
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A mortgage does not bind the mortgagor personally to perform the act for the performance of which it is a security unless there is an express covenant therein to that effect.
Mont. Code Ann. § 71-1-105 Mortgagee Not Entitled To Possession
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A mortgage does not entitle the mortgagee to the possession of the property unless authorized by the express terms of the mortgage, but after the execution of the mortgage, the mortgagor may agree to such change of possession without a new consideration.