71-1-202 Mortgage not considered conveyance -- recovery of possession
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MT Code › Title 71 › Chapter 1 › Part 2 › Section 71-1-202
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71-1-202 . Mortgage not considered conveyance -- recovery of possession. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale. When the mortgage confers a power of sale, as mentioned in 71-1-111 , possession may be recovered according to the terms of the mortgage.
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