71-1-103. Mortgage a special lien — on what a lien. (1) The lien of a mortgage is special, unless otherwise expressly agreed, and is independent of possession.

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Terms Used In Montana Code 71-1-103

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Property: means real and personal property. See Montana Code 1-1-205

(2)A mortgage is a lien upon everything that would pass by a grant of the property.