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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
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Experience:  12+ yrs. of experience including real estate law.
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Is a bank required to give written notification by certified

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Is a bank required to give written notification by certified mail before repossession of property in MT?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I want to make sure I understand what you mean by "repossession"...repossession typically applies to personal property (like a car). If we are talking about real property (like land or a home) then foreclosure is the process used.

Can you give some context? What type of property are we discussing?
Customer: replied 4 years ago.


Thank you

Just a moment I need to pull the statute.

Thank you for you patience.

MT follows the UCC (uniform commercial code). As per the UCC, repossession is allowed and permitted in Montana as long as it is peaceful (they can not "breach the peace" to repo the unit).

Also, as per the UCC, there is no requirement for "notice" prior to repossession. If the loan is in default (over 30 days past due) the lender can repossess.

Please let me know if you have more questions, happy to help if I can

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