Lewis And Clark County Deed of Trust and Promissory Note Form (Montana)
All Lewis And Clark 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 Lewis And Clark County compliant document last validated/updated 11/1/2024
Deed of Trust Guidelines
Line by line guide explaining every blank on the form.
Included Lewis And Clark 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 Lewis And Clark County compliant document last validated/updated 10/30/2024
Promissory Note Form
Note that is secured by the Deed of Trust document.
Included Lewis And Clark County compliant document last validated/updated 8/1/2024
Promissory Note Guidelines
Line by line guide explaining every blank on the form.
Included Lewis And Clark 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 Lewis And Clark 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 Lewis And Clark County compliant document last validated/updated 10/31/2024
The following Montana and Lewis And Clark 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 Lewis And Clark County. The executed documents should then be recorded in the following office:
Lewis and Clark County Clerk / Recorder
316 North Park Ave, Rm 113, Helena, Montana 59623
Hours: 8:00am-5:00pm M-F
Phone: (406) 447-8337
Local jurisdictions located in Lewis And Clark County include:
- Augusta
- Canyon Creek
- East Helena
- Fort Harrison
- Helena
- Lincoln
- Marysville
- Wolf Creek
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 Lewis And Clark 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 Lewis And Clark County using our eRecording service.
Are these forms guaranteed to be recordable in Lewis And Clark County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Lewis And Clark 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 Lewis And Clark County that you need to transfer you would only need to order our forms once for all of your properties in Lewis And Clark County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Montana or Lewis And Clark 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 Lewis And Clark 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 Lewis And Clark 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 Lewis And Clark 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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