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Montana Real Estate Deed Forms

Real property in Montana is defined in the following way: as land; as that which is affixed to land, including a manufactured home declared an improvement to real property; as that which is incidental or appurtenant to land; and that which is immovable by law (MCA 70-1-106). An estate or interest in real property other than an estate at will or for a term of not more than one year cannot be created, granted, assigned, surrendered, or declared otherwise than by operation of law or by a conveyance or other instrument in writing, subscribed by the party granting, creating, assigning, surrendering, or declaring it or by the party's lawful agent authorized in writing (MCA 70-20-101). The Montana Annotated Code, section 70-20-103, provides a statutory form of a grant, which can be used in a conveyance of real property. Popular forms for a conveyance in this state are warranty deeds and quitclaim deeds. Forms can also be purchased online in the Montana Forms section.

Real property in Montana is acquired by occupancy, accession, transfer, will, or succession (MCA 70-1-110). The power to acquire and hold property or interest in property in Montana is given to citizens of lawful age and corporations who have the legal capacity to convey and receive property or interest therein. The only statutory limitations on alien land ownership appear in section 77-3-305 of the MCS, which provides that coal leases may not be issued to a citizen of another country unless like privileges are provided to U.S. citizens by such country. Real property can be conveyed to joint tenants, to several persons, or to a corporation. Ownership by several persons is either of joint interests, partnership interests, or interests in common (70-1-306). The way in which the owner holds title to real property will determine which method of conveyance is used.

Before a real estate deed is recorded in Montana, the execution of it must be acknowledged or proved. An instrument must be acknowledged by the person executing it according to the acknowledgments as defined in 1-5-602 of the Montana Code Annotated. If an instrument is not acknowledged, it must be proved by a subscribing witness, the proof of which must be notarized, as provided in 1-5-302 and 303 of the MCA. The word "instrument" includes an abstract of an instrument that must be executed and acknowledged or proved by all parties executing the abstracted document. The abstract of an instrument should follow the guidelines given in MCA 70-21-101. When an abstract of conveyance (which has been acknowledged or proved) is recorded, it will have the same effect as if the conveyance or encumbrance of real property had been acknowledged or proved and certified and recorded as prescribed by law (70-21-305). Additional requirements, such as formatting and auxiliary documents that may need to be submitted, apply to the recordation of real estate deeds.

An unrecorded real estate deed in Montana is valid as between the parties bound by the deed and those who have notice of it (MCA 70-21-102). Every conveyance of real property that is acknowledged or proved and certified and recorded as prescribed by law, from the time it is filed with the county clerk for recording, is constructive notice of the contents thereof to subsequent purchasers and mortgagees (70-21-302). A real estate deed must be recorded in the county where the property is situated. The priority of documents is determined by the order of recording. Every conveyance of real property, other than a lease for a term not exceeding one year, is void as against any subsequent purchaser or encumbrancer, including an assignee of a mortgage, lease, or other conditional estate, of the same real property or portion thereof in good faith and for a valuable consideration whose conveyance is first duly recorded (MCA 70-21-304).

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What others are saying:

Kitty H. said: I have had it reviewed by a mortgage broker and a title manager and both said it was done correctly! Your product and the instructions are what made this possible. It took me several hours as I continued to review your information. I just finished printing and ready to file. Yeah! Thanks! Highly recommend the product!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

A. S. said: 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.

Reply from Staff: Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!

Neira S. said: No problem with Recorders Office using your document. It is now completed and recorded.

Reply from Staff: Thank you Neira, have a wonderful day!

Desmond L. said: Easy access

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

James J. said: The form itself was very good and easy to use. The only problem I had was the Sample they provided. Using a different name in every spot doesnt help determine what goes where. Using "Theodore Rockafeller" as Lien Claimant in one spot and Jebediah Finklestein in another then Harvey Johnson in the last spot is confusing if you really need a helpful sample.

Reply from Staff: Thank you for your feedback James. We will have staff review the completed example to see if we can make it more helpful. Have a great day!

State Specific Real Estate Deed Forms