What Montana sellers hold
Montana is big, thinly settled and full of property that does not fit a bank’s checklist. Sellers carry financing on recreational parcels, on cabins, on ranch and pasture ground, and on tracts split off a larger place, sometimes to a buyer who lives in another state. Where the payer lives changes nothing, because the rules follow the land, and a note on property outside Montana belongs under its own state’s page. There are notes on houses too, in Billings, Missoula, Bozeman, Great Falls, Helena and Kalispell and around the Flathead Valley.
Seller financing has a long history here, and older sales were often written as a contract for deed, under which the seller keeps title until the price is paid. An escrow company may hold the documents and collect the payments. If one does, it has been keeping an independent payment record for you all along.
Trust indentures, mortgages and contracts
Montana uses more than one security instrument, so check what yours is called.
- Trust indenture. This is Montana’s form of a deed of trust. It is commonly used on smaller parcels and generally allows a trustee’s sale on default, outside a full court case.
- Mortgage. Mortgages are used as well, including on larger agricultural property. Foreclosure of a mortgage generally goes through the courts.
- Contract for deed. This is the name Montana commonly gives to a land contract. No lien is involved, because the seller still owns the property, and what happens on default depends on the contract’s terms.
Which instrument can be used depends partly on the size and type of the parcel, and practice varies. A Montana attorney or title company can tell you what your document is and how it would be enforced today.
Paper first, then the land
Buyers discount your future payments to get the return they want on their money, which is why the price falls below your balance. A trust indenture with a trustee’s sale is generally the easiest of the three for a buyer to price. A mortgage with court foreclosure costs them more to plan for, and a contract for deed goes to the smallest group of buyers.
The land itself matters as much as the paper. On a Montana parcel a buyer will ask:
- Is there legal, recorded access, and can the road be used all year?
- Is there a well, power and a septic system, or is it bare ground?
- Do water rights go with the property, where that is relevant?
- How much did the payer put down, and how long have they been paying?
Distance makes value harder to judge, and a cautious value means less equity in the buyer’s eyes. Equity is the property’s value less the debt against it. A large down payment and a long, clean payment record offset much of that, as they do on vacant land notes anywhere. Put what you know about access and utilities in writing when you send your Montana note in for pricing, since a buyer far from Montana will price the land on what you can document.
Start with the escrow company
If an escrow company is involved, ask it for a full payment history and for copies of the documents it holds. That one request can produce most of what a buyer needs. Without escrow, locate the note or contract and the recorded security document, and pull bank statements that show the payments arriving. If the contract or trust indenture was recorded, the county clerk and recorder can supply a copy of that too.