Montana § 71-1-234 - Attorney Fee -- Petition And Notice
Full text of Montana Montana Code Annotated § 71-1-234 — Attorney Fee -- Petition And Notice, with citation guidance and answers to common questions.
§ 71-1-234. Attorney Fee -- Petition And Notice
Attorney fee -- petition and notice. If the mortgagee demands attorney fees in case of the sale of real estate under and by virtue of the power of sale contained in any mortgage or deed of trust in this state, except in case of the sale of real estate by virtue of a power of sale conferred upon a trustee under a trust indenture as defined in the Small Tract Financing Act of Montana, the mortgagee shall petition the district court of the county in which the real estate or any part of the real estate is situated to fix the amount of the attorney fees. A copy of the petition must be served upon all parties having or claiming an interest of record in the property to be sold or those parties that may be found within the state, at least 10 days before the day fixed for hearing. Notice of the time and place of the hearing must be served at the same time as the copy of the petition is served. A petition must be acted upon by the district court before the notice of sale by publication or posting, as provided for in this part, is given.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 71-1-234
What does Montana Code Annotated § 71-1-234 cover?
Section 71-1-234 ("Attorney Fee -- Petition And Notice") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 71-1-234?
A common citation format is "Montana Code Annotated § 71-1-234" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 71-1-234 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.