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Chisholm & Chisholm, PC

Chisholm & Chisholm, PC

Columbia Falls, United States

Founded in 1997
5 people in their team
Integrity, Compassion, and DedicationThe Chisholms have practiced law from their present location since 1997, and organized as Chisholm &...
English

About Foreclosure Law in Columbia Falls, United States

Foreclosure law in Columbia Falls, United States is governed by the state law of Montana. When a property owner fails to keep up with their mortgage payments, the lender may initiate a foreclosure process. This process involves the sale of the property in order to reclaim the money owed by the homeowner. Foreclosure can be either judicial or non-judicial, with Montana primarily being a non-judicial foreclosure state, meaning the lender does not need to go through court to foreclose on a home.

Why You May Need a Lawyer

There are several scenarios where you might need legal help with foreclosure problems in Columbia Falls. These can include when your lender commits a procedural error, when you believe you've been a victim of predatory lending practices, when you want to apply for a loan modification or when you want to fight the foreclosure and stay in your home. Having a lawyer can help protect your interests and ensure that all legal procedures are correctly followed.

Local Laws Overview

In Columbia Falls, like the rest of Montana, foreclosures are primarily non-judicial under a deed of trust or mortgage. The lender must follow specific legal procedures and timelines to foreclose on a property. Additionally, Montana law stipulates that the borrower has a "right of redemption," that allows homeowners to reclaim their property by making up missed payments, including costs, up until the home is sold at auction.

Frequently Asked Questions

What is the foreclosure process in Montana?

The process typically begins when a borrower misses multiple mortgage payments. The lender may then initiate the foreclosure procedure, which can take several months to complete. This process culminates in the sale of the property.

Can I stop the foreclosure process?

Yes, under Montana's law, you can stop the foreclosure process by catching up on missed payments plus costs, if it is before the property is sold.

What is a non-judicial foreclosure?

A non-judicial foreclosure is one that does not go through court. Instead, the lender can foreclose on the house after following specific procedures stated in the loan contract and Montana law.

What if I've been a victim of foreclosure fraud?

If you suspect you've been a victim of foreclosure fraud or a scam, you should contact a legal professional immediately. It's essential to protect your rights and to take prompt action in such situations.

Can I get my house back after a foreclosure sale in Montana?

Montana law provides a redemption period that allows homeowners to reclaim their property after a foreclosure sale by paying the total debt, including costs and interest, within a certain period of time.

Additional Resources

You can obtain more information from Montana Department of Justice, Consumer Protection Office, Montana Legal Services Association, and the United States Department of Housing and Urban Development. These organizations can provide valuable resources for understanding and navigating the foreclosure process.

Next Steps

If you are facing foreclosure and need legal assistance, it is important to consult with an experienced lawyer as soon as possible. They can guide you through the legal process, help protect your rights, and provide options you might not know are available. If you can't afford a lawyer, you may be eligible for free or low-cost legal aid through organizations such as the Montana Legal Services Association.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.