Montana Code 71-1-320. Trustees’ fees and attorneys’ fees
71-1-320. Trustees’ fees and attorneys’ fees. Reasonable trustees’ fees and attorneys’ fees to be charged to the grantor in the event of foreclosure by advertisement and sale shall not exceed, in the aggregate, 5% of the amount due on the obligation, both principal and interest, at the time of the trustee‘s sale. If prior to the trustee‘s sale the obligation and the trust indenture shall be reinstated in accordance with provisions of 71-1-312, the reasonable trustees’ fees and attorneys’ fees to be charged to the grantor shall not exceed the lesser of $1,000 or 1% of the amount due on the obligation, both principal and interest, at the time of default. In no event shall trustees’ fees and attorneys’ fees be charged to a grantor on account of any services rendered prior to the commencement of foreclosure.
Terms Used In Montana Code 71-1-320
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- 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
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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