10-1-903. Relief from actions related to mortgage, lease, or rental payments. (1) A civil action, as described in Title 25, chapter 1, part 1, against a service member or a service member’s dependent with respect to the member’s or dependent‘s primary residence for nonpayment on a mortgage, lease, or rental agreement may be stayed by a court, or the payments due may be adjusted.

Terms Used In Montana Code 10-1-903

  • Active duty: means at least 14 consecutive days of full-time state military duty, as defined in 10-1-1003, or full-time national guard duty, as defined in 32 U. See Montana Code 10-1-902
  • Dependent: means the spouse or minor child of a service member or any other person legally dependent on the service member for support. See Montana Code 10-1-902
  • Dependent: A person dependent for support upon another.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Service member: means any member of the Montana army or air national guard serving on active duty. See Montana Code 10-1-902

(2)With respect to an action described in subsection (1), upon application or by its own action, a court may do one or more of the following:

(a)stay the action for up to 3 months unless, in the opinion of the court, the ability of the service member or the service member’s dependent to make the required payments is not materially affected by the service member’s active duty; or

(b)adjust the mortgage, lease, or rental payment to be made by an amount the court determines to be reasonable, taking into consideration the service member’s active duty status; or

(c)order the service member or the service member’s dependent to pay an amount specified by the court over the time period specified by the court upon the service member’s release from active duty.

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