2019 Montana Code Annotated
Title 25. Civil Procedure
Chapter 13. Execution of Judgment
Part 7. Sale on Execution
25-13-712. Property subject to a security interest -- disposition of proceeds, security agreement
25-13-712. Property subject to a security interest -- disposition of proceeds, security agreement. (1) When the property taken under 25-13-505 is sold under process, the officer levying the writ must apply the proceeds of the sale as follows:
(a) to the repayment of the sum paid to the secured party, with interest from the date of such payment; and
(b) the balance, if any, in like manner as the proceeds of sales under execution are applied in other cases.
(2) In the event the property is sold under execution, such creditor shall be required to deliver to the debtor the security agreement and any note or other evidence of indebtedness secured thereby obtained from the secured party when the property is sold for the amount of the indebtedness under the security agreement or an amount in excess thereof.
History: En. Sec. 1, Ch. 111, L. 1921; re-en. Sec. 9291, R.C.M. 1921; re-en. Sec. 9291, R.C.M. 1935; amd. Sec. 11-162, Ch. 264, L. 1963; R.C.M. 1947, 93-4338(part).
