Flathead County Deed of Trust and Promissory Note Forms (Montana)
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Form Package
Deed of Trust and Promissory Note
State
Montana
Area
Flathead County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Flathead 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 document last reviewed/updated 3/22/2024
Deed of Trust Guidelines
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 2/22/2024
Completed Example of the Deed of Trust Document
Example of a properly completed form for reference.
Included document last reviewed/updated 2/13/2024
Promissory Note Form
Note that is secured by the Deed of Trust document.
Included document last reviewed/updated 3/12/2024
Promissory Note Guidelines
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 2/19/2024
Completed Example of the Promissory Note Document
Example of a properly completed form for reference.
Included document last reviewed/updated 3/29/2024
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 document last reviewed/updated 12/30/2023
Included Supplemental Documents
The following Montana and Flathead County supplemental forms are included as a courtesy with your order.
Frequently Asked Questions:
How long does it take to get my forms?
Forms are available immediately after submitting payment.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Montana or Flathead 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.
How do I get my forms, are they emailed?
Forms are NOT emailed to you. Immediately after you submit payment, the Flathead 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 sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Flathead 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.
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 Flathead County that you need to transfer you would only need to order our forms once for all of your properties in Flathead County.
Are these forms guaranteed to be recordable in Flathead County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Flathead County including margin requirements, content requirements, font and font size requirements.
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.
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.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Areas Covered by These Deed of Trust and Promissory Note Forms:
- Flathead County
Including:
- Bigfork
- Columbia Falls
- Coram
- Essex
- Hungry Horse
- Kalispell
- Kila
- Lake Mc Donald
- Lakeside
- Marion
- Martin City
- Olney
- Polebridge
- Somers
- West Glacier
- Whitefish
What is the Montana Deed of Trust and Promissory Note
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 Flathead 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 Flathead 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.
Reviews
4.8 out of 5 (4324 Reviews)
Michael L.
April 25th, 2024
Professional, simple. Very good.
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Barbara A.
April 25th, 2024
Always helpful!\r\n
We are thankful for your continued support and feedback, which inspire us to continuously improve. Thank you..
Mark E.
April 25th, 2024
This was easy to use and only contained one glaring error-where to send the completed form to finish the process. I’ve completed the form, does this mean I get the amended deed sent to me? I think not.
Your insights are invaluable to us and help us strive for better service. Thank you for taking the time to share your thoughts.
Suzanne M.
December 17th, 2021
Easy to download this form. I will use it when the time comes to transfer title of my house.
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B A A.
March 9th, 2023
So far I like the ease of availability of the site and the help guides.
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ROBERT P.
August 26th, 2022
Got what I needed
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Duane L.
September 5th, 2020
Easy to use with very helpful directions.
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Christopher M.
February 5th, 2024
Awesome company. Fast, friendly, professional.
We are delighted to have been of service. Thank you for the positive review!
Coralis M.
September 2nd, 2021
Fast, efficient and professional service! Thanks
Thank you!
RUSSELL E.
August 5th, 2020
The process sure was easy and fast. Not sure why a rep would question why I am requesting an exhibit page on the Deed when that's a common practice here in AZ. They recorded it the way I sent it so all good.
Thank you!
Jose R.
January 16th, 2020
User friendly. Smooth transaction. I saved a lot of time
Thank you for taking the time to leave your feedback Jose, we really appreciate it. Have a fantastic day!
Jena S.
April 7th, 2020
I love how quick the turnaround is, my only request would be for an email notification be sent once an invoice is ready and then once a document is recorded and ready to download (only because I have a large caseload and it's very easy to forget things sometimes).
Thank you!
Jeri M.
October 28th, 2019
Very happy with the site and the deed document I received.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Karen M.
May 31st, 2022
Great way to get the forms you need.
Quick, easy and affordable
Thank you!
john m.
June 17th, 2020
its a bit confusing for a novice computer user. I would prefer to print out the forms, fill them out on paper, then attach them to an email to discuss the accuracy of the forms with a friend, and then take the completed forms to the County office to be recorded
Thank you for your feedback. We really appreciate it. Have a great day!
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