Garfield County Deed of Trust and Promissory Note Forms (Montana)
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Form Package
Deed of Trust and Promissory Note
State
Montana
Area
Garfield County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Garfield 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 Garfield 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 Garfield 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 Garfield 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 Garfield 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 Garfield County that you need to transfer you would only need to order our forms once for all of your properties in Garfield County.
Are these forms guaranteed to be recordable in Garfield County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Garfield 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:
- Garfield County
Including:
- Brusett
- Cohagen
- Jordan
- Mosby
- Sand Springs
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 Garfield 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 Garfield 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
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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.
Denise G.
March 23rd, 2019
It was so easy to locate and download all the forms I needed. Saved so much time.
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Robson A.
June 15th, 2021
Very easy & efficient to use! I would have had to drive an hour to the county office. So glad this worked instead!
You should advertise more....if I hadn't done research I would never have known about your service.
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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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Wava B.
January 8th, 2021
Obtaining the form was quick and easy. Thank You
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Robert K.
July 9th, 2022
This document was exactly what I needed and with the corresponding sample I was easily able to complete it. This saved me a lot of money by not having to hire an attorney to fill out a form. Thank you!
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Larry T.
May 19th, 2023
Excellent service!!!!! A 5STAR
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Nicole M.
June 3rd, 2020
This is my very first use with your company. I submitted my package and within the hour you had responded with an Invoice for me to pay so you could proceed with my recording. So far I am very impressed! Thank you.
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Roger M.
January 9th, 2019
Great package it was nice to be able to get everything required for recording this deed in one place.
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Renu A.
September 30th, 2020
The service was very reliable and they even helped with filling out the paperwork properly. Very quick turn around and efficient!
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Karen L.
October 8th, 2021
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January 25th, 2021
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May 18th, 2021
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