Legal Question in Real Estate Law in Montana

Re: declaration of homestead exemption

I'm sorry, but the answer is no.

Refer to 70-32-202(2) and (3) MCA for your answers.

"Execution allowed under certain judgments. The homestead is subject to execution or forced sale in satisfaction of judgments obtained:

(2) on debts secured by mortgages on the presmies, executed and acknowledged by the husband and wife or by an unmarried claimant; or

(3) on debts secured by mortgages on the premises, executed and recorded before the declaration of homestead was filed for record.

One or both of these will undoubtedly fit your circumstances.

I regret being the messenger of bad news.

Best of luck to you.