1. Home
  2. Browse Decisions
  3. P.2d
  4. 734 P.2d
  5. 734 P.2d 1203 (1987)
 

FIRST STATE BANK OF FORSYTH v. CHUNKAPURA

No. 86-216.

734 P.2d 1203 (1987)

FIRST STATE BANK OF FORSYTH, a Montana corp., Beneficiary, and William F. Meisburger, Trustee, Plaintiffs and Appellants, v. Thomas J. CHUNKAPURA and Cicily Chunkapura, husband and wife, Defendants and Respondents.

Supreme Court of Montana.

Decided March 10, 1987.

Rehearing Denied April 17, 1987.

Attorney(s) appearing for the Case

William F. Meisburger (argued), Forsyth, for plaintiffs and appellants.

John Houtz (argued), Forsyth, for defendants and respondents.

William F. Conklin (argued), Great Falls, amicus curiae for Concerned Citizens.

George T. Bennett, Helena, amicus curiae for Montana Bankers Association.

David J. Dietrich, Missoula, amicus curiae, for First Interstate Bank of Missoula.

John Paul, Great Falls, amicus curiae, United Sav. Bank.

George Goodrich, Missoula, amicus curiae, for First Bank & Western Bank.

SHEEHY, Justice.

We hold in this case that a lender, electing to foreclose on its security under a trust deed by judicial procedure, is not entitled to remedies inconsistent with the Small Tract Financing Act of Montana, Title 71, Chapter 1, Part 3, MCA. Specifically, the lender (mortgagee) may not recover a deficiency judgment against the borrower (mortgagor), and the borrower has no right of redemption as is accorded borrowers in judicial foreclosures of conventional...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases