Montana Deed Forms & Templates

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The state laws relevant to Montana deed forms include one called “Ownership Interests in Land Sold for Taxes,” as well as new state laws implemented in 2019 revising former tax lien and tax deed laws.

The latest law maintains that if no one has redeemed a property tax lien aligned with the property in the time permitted, the assignee can apply for a tax deed for property with the county treasurer after the redemption period lapses.

Below, we outline more information about Montana deed forms and what each type means.

Montana General Warranty Deed

The Montana Warranty Deed is a way for one party to transfer real estate property to another party. The real estate market is growing in Montana, with median house sale prices in Missoula growing by 20.5 percent while, in Whitefish, the costs increased by 41 percent.

Fulfilling a warranty deed involves filling out a standard form. Furthermore, the general warranty deed confirms that the grantor did not provide the same estate, title, or interest to any other person besides the grantee.

You can obtain copies of deeds from town clerk and recorder’s departments, such as the Clerk and Recorder Department from Lake County, Montana.

Montana Quitclaim Deed

The process for obtaining a Montana quitclaim deed includes the following steps:

  • The grantor signing a quitclaim deed and recognizing the action in front of a notary public
  • The grantor records the quitclaim deed with the town clerk and recorder in the same region where the property is located
  • All future mortgagees and purchasers will receive notice that there is a new owner of the sold property

Montana Special Warranty Deed

The special warranty deed in Montana is a legal document that establishes the law-based deed transfer of real estate property. It demonstrates that there were no defects in the property while the grantor owned it.

This demonstration doesn’t mean the property is flawless, but only that the grantor did not acquire any new damages during the period that the grantor owned the property.

You may need a Montana special warranty deed if you are transferring property into a trust or you want to have warranties alongside a title to the property.

Montana Deed of Trust

The Montana Deed of Trust Law establishes the regulations of setting up a living trust, which determines what happens to someone’s assets after they pass away. The Montana Deed of Trust requires three parties including:

  • The settlor or trust maker
  • The trustee who has the title to the property
  • The beneficiary who holds an interest in the property within the trust

The trustee is required to sign the deed before a notary public. Then the deed of trust can be recorded.

Frequently Asked Questions (FAQs)

Here are some of the most frequently asked questions about Montana’s deeds.

A Montana property deed is necessary to transfer property in this state. The two parties need to agree upon the terms and conditions.

They both need to complete a change of ownership form. The title on the deed will need to be changed.

A real estate lawyer will then arrange the real estate deed. Lastly, the lawyer will have the deed notarized and filed.

You can get a copy of your house deed along with other real estate documents at your County Clerk and Recorder’s office. It will cost you 50 cents for the first page and 25 cents for each extra page.