Montana Code 71-1-318. Trustee’s deed
71-1-318. Trustee’s deed. (1) The trustee‘s deed to the purchaser at the trustee‘s sale may contain, in addition to a description of the property conveyed, recitals of compliance with the requirements of this part relating to the exercise of the power of sale and the sale, including recitals of the facts concerning the default, the notice given, the conduct of the sale, and the receipt of the purchase money from the purchaser.
Terms Used In Montana Code 71-1-318
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grantor: The person who establishes a trust and places property into it.
- Grantor: means the person conveying real property by a trust indenture as security for the performance of an obligation. See Montana Code 71-1-303
- Property: means real and personal property. See Montana Code 1-1-205
- Trust indenture: means an indenture executed in conformity with this part and conveying real property to a trustee in trust to secure the performance of an obligation of the grantor or other person named in the indenture to a beneficiary. See Montana Code 71-1-303
- Trustee: A person or institution holding and administering property in trust.
- Trustee: means a person to whom the legal title to real property is conveyed by a trust indenture or the person's successor in interest. See Montana Code 71-1-303
(2)When the trustee’s deed is recorded in the deed records of the county or counties where the property described in the deed is situated, the recitals contained in the deed and in the affidavits required under 71-1-315(2) are prima facie evidence in any court of the truth of the matters set forth in the recitals, except that the recitals are conclusive evidence in favor of subsequent bona fide purchasers and encumbrancers for value and without notice.
(3)The trustee’s deed operates to convey to the purchaser, without right of redemption, the trustee’s title and all right, title, interest, and claim of the grantor and the grantor‘s successors in interest and of all persons claiming by, through, or under them in and to the property sold, including all right, title, interest, and claim in and to the property acquired by the grantor or the grantor’s successors in interest subsequent to the execution of the trust indenture.