Carter County Deed of Trust and Promissory Note Form (Montana)
All Carter County specific forms and documents listed below are included in your immediate download package:
Deed of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Carter County compliant document last validated/updated 11/1/2024
Deed of Trust Guidelines
Line by line guide explaining every blank on the form.
Included Carter County compliant document last validated/updated 4/26/2024
Completed Example of the Deed of Trust Document
Example of a properly completed form for reference.
Included Carter County compliant document last validated/updated 10/30/2024
Promissory Note Form
Note that is secured by the Deed of Trust document.
Included Carter County compliant document last validated/updated 8/1/2024
Promissory Note Guidelines
Line by line guide explaining every blank on the form.
Included Carter County compliant document last validated/updated 9/9/2024
Completed Example of the Promissory Note Document
Example of a properly completed form for reference.
Included Carter County compliant document last validated/updated 8/27/2024
Annual Accounting Statement Form
Fill in the blank Deed of Trust and Promissory Note form formatted to comply with all Montana recording and content requirements.
Included Carter County compliant document last validated/updated 10/31/2024
The following Montana and Carter County supplemental forms are included as a courtesy with your order:
When using these Deed of Trust and Promissory Note forms, the subject real estate must be physically located in Carter County. The executed documents should then be recorded in the following office:
Carter County Clerk / Recorder
214 Park St / PO Box 315, Ekalaka, Montana 59324
Hours: 8:00 to 12:00 & 1:00 to 5:00 Mon-Fri
Phone: (406) 775-8749
Local jurisdictions located in Carter County include:
- Alzada
- Boyes
- Capitol
- Ekalaka
- Hammond
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Carter County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Carter County using our eRecording service.
Are these forms guaranteed to be recordable in Carter County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Carter County including margin requirements, content requirements, font and font size requirements.
Can the Deed of Trust and Promissory Note forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Carter County that you need to transfer you would only need to order our forms once for all of your properties in Carter County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Montana or Carter County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Carter County Deed of Trust and Promissory Note forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
A Deed of Trust with Trust Indenture Under the Small Tract Financing Act of Montana is the preferred form of financing in Montana for properties not exceeding 40 acres and under $500,000.00 in financing.
71-1-302 Policy- Because the financing of homes and business expansion is essential to the development of the state of Montana and because financing of homes and business expansion, usually involving areas of real estate of not more than 40 acres, has been restricted by the laws relating to mortgages of real property and because more financing of homes and business expansion is available if the parties can use security instruments and procedures not subject to all the provisions of the mortgage laws, it is the public policy of the state of Montana to permit the use of trust indentures for estates in real property of not more than 40 acres as provided in this part.
This form includes the Power of Sale clause, which allows for a non-judicial foreclosure, saving time and expense, in general:
Non-judicial foreclosure takes (130-180 days) compared to @1 year -- judicial foreclosure
In a non-judicial foreclosure Borrower has no right of redemption vs. an additional year beyond a judicial foreclosure.
Typically, no frivolous lawsuits filed to slow down a non-judicial foreclosure vs. common in a judicial foreclosure.
Typically, no deficiency judgement upon completion of sale in a non-judicial foreclosure vs. deficiency judgment used in judicial foreclosure.
71-1-304 Trust indentures authorized -- power of sale for breach in trustee
(1) A transfer in trust of an interest in real property of an area not exceeding 40 acres may be made to secure the performance of an obligation of a grantor or any other person named in the indenture to a beneficiary. However, a trust indenture may not be substituted for a mortgage that was in existence on March 5, 1963.
(2) When a transfer in trust of an interest in real property is made to secure the performance of the obligation referred to in subsection (1), a power of sale is conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.
(3) A trust indenture executed in conformity with this part may be foreclosed by advertisement and sale in the manner provided in this part or, at the option of the beneficiary, by judicial procedure as provided by law for the foreclosure of mortgages on real property. The power of sale may be exercised by the trustee without express provision in the trust indenture.
(4) If a trust indenture states that the real property involved does not exceed 40 acres, the statement is binding upon all parties and conclusive as to compliance with the provisions of this part relative to the power to make a transfer, trust, and power of sale.
If the parameters of the trust indenture are not met (example: the subject property is 50 acres or $600.000.00) then it converts to a mortgage and treated as mortgage in foreclosure.
71-1-305 Trust indenture considered to be mortgage on real property A trust indenture is deemed to be a mortgage on real property and is subject to all laws relating to mortgages on real property except to the extent that such laws are inconsistent with the provisions of this part, in which event the provisions of this part shall control. For the purpose of applying the mortgage laws, the grantor in a trust indenture is deemed the mortgagor and the beneficiary is deemed the mortgagee.
71-1-321 Deeds of trust and trust deeds not invalidated The Small Tract Financing Act of Montana does not invalidate or preclude the use in this state of instruments, sometimes denominated deeds of trust, trust deeds, or trust indentures, which are not executed in conformity with this part, but in which a conveyance for security purposes is made to a trustee or trustees for the benefit of one or more lenders. Such instruments are considered to be mortgages and are subject to all laws relating to mortgages on real property. Every such instrument, recorded as prescribed by law, from the time it is filed for record is constructive notice of its contents to subsequent purchasers and encumbrancers.
(Montana DOT Package includes forms, guidelines, and completed examples) For use in Montana only.
Our Promise
The documents you receive here will meet, or exceed, the Carter County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Carter County Deed of Trust and Promissory Note form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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November 1st, 2024
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October 25th, 2024
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October 25th, 2024
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June 7th, 2019
My grandaughter in law got the info for me and it looks very help ul nThanks Doris
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Darlene P.
November 12th, 2021
Deeds.com was a money saver for me. It made a daunting task of preparing a Quit Claim Deed a very simple task. I was happy that my documentation was accepted by my state and County first round.
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Edwart D.
November 30th, 2021
I tend to not pay attention to the details and then blame other people. Thankfully Deeds.com has my back when I make silly mistakes.
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CYNTHIA W.
April 12th, 2023
My deed has now been recorded. Thank you so very much. I saved about $120.00 by doing this with your document service. Thankfully, I heard about you from a friend and did not go with my Title Company that wanted a fee that seems outrageous because of how simple it was to do. I will definitely "advertise" this service to others.
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Barbara K.
June 10th, 2023
Found what I needed quickly, easy website to maneuver. Like having a sample to look at along with instructions.
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Leroy B.
February 7th, 2020
I have a Timeshare in Florida and started looking to sell it. Just finally downloaded this site, it looks fairly simple. I will start getting more serious soon. Looking forward to working with Deeds.com.
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Jeremy C.
May 13th, 2021
Really impressed with the speed and professionalism of the service. I would recommend putting a grey background on the form field inputs as I had trouble seeing them in the user interface, but otherwise I was really impressed and would happily return as a customer.
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Eileen S.
November 6th, 2019
It seems fast.
Thank you!
A. S.
February 27th, 2019
First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.
Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!
Michael G. S.
January 3rd, 2019
The process was quite easy, following the instructional guide. I have yet to find out if the deed was accepted, but your site was very user friendly.
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Lori C.
November 15th, 2019
It just a little disconcerting that I was not able to preview any of the forms prior to purchasing them. Thank goodness they were the correct forms I needed. I would suggest being able to at least make the picture of the forms a little larger or give the capability to zoom in.
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Jack A.
March 26th, 2021
First time user. Great service. If I need other forms, I'll definitely be using Deeds.
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