Montana Secured Promissory Note Overview
A secured promissory note in Montana is a loan agreement where the borrower pledges specific collateral to guarantee repayment. Montana law governs the creation, perfection, and enforcement of security interests under the Uniform Commercial Code (UCC) as adopted by the state. The maximum interest rate for most loans in Montana is 15%.
15% per annum maximum or 6% above NY prime rate, whichever is greater; no cap for first lien residential mortgages. Lenders should verify that the agreed-upon interest rate complies with Montana's usury laws before finalizing the note. Charging interest above the legal limit can result in severe penalties, including forfeiture of interest and potential civil liability.
For secured notes involving real property in Montana, non-judicial (small tract) and judicial foreclosure applies. Understanding your state's foreclosure process is critical because it determines the timeline, costs, and lender's rights in the event of borrower default.
15%
Usury rate cap
Secretary of State
UCC filing office
Non-judicial
Foreclosure type
Yes
Deficiency judgment
Montana Legal Requirements
Montana has specific requirements for secured promissory notes. Here's what you need to ensure your note is enforceable under MT law:
Important: Montana Usury Laws
Montana's maximum interest rate is 15%. 15% per annum maximum or 6% above NY prime rate, whichever is greater; no cap for first lien residential mortgages. Exceeding the legal limit may void the interest portion of your note or result in civil penalties.
Essential Elements
- Written Agreement: The note must be in writing, signed by the borrower, and clearly state the loan terms
- Compliant Interest Rate: Must not exceed Montana's 15% usury cap
- Collateral Description: Specific, identifiable description of all pledged property
- Security Agreement: Grant of security interest signed by the borrower (debtor)
- UCC-1 Filing: Filed with the Secretary of State, UCC Bureau for personal property collateral
- Default Provisions: Clear events of default, cure periods, and remedies including foreclosure/repossession rights
UCC Filing in Montana
To perfect a security interest in personal property in Montana, the lender must file a UCC-1 financing statement with the Secretary of State, UCC Bureau. This public filing puts other creditors on notice and establishes the lender's priority in the collateral.
Prepare the UCC-1 Form
Include the debtor's exact legal name, secured party name, and detailed collateral description
File with the Secretary of State
Submit online or by mail with the required filing fee
Monitor and Renew
UCC-1 filings last 5 years; file a continuation statement before expiration
Terminate After Payoff
File a UCC-3 termination statement when the loan is fully repaid
Montana Foreclosure & Repossession
Montana uses non-judicial (small tract) and judicial foreclosure for real property collateral. For personal property (vehicles, equipment, inventory), the lender generally has the right to repossess the collateral without court action, provided it can be done without breaching the peace.
Regarding deficiency judgments in Montana: Yes, with limitations for small tract foreclosure. The lender must follow Montana's specific procedures for disposing of collateral in a commercially reasonable manner, providing proper notice to the borrower before any sale.
| Aspect | Montana Rule |
|---|---|
| Foreclosure Type | Non-judicial (small tract) and judicial |
| Deficiency Judgment | Yes, with limitations for small tract foreclosure |
| Statute of Limitations | 5 years (oral and written contracts) |
| Usury Rate | 15% |
| UCC Filing Office | Secretary of State, UCC Bureau |
Sample Montana Secured Promissory Note
Below is a preview of our Montana-specific secured promissory note. Your customized document will include all terms compliant with MT law.
STATE OF MONTANA
SECURED PROMISSORY NOTE
Collateral-Backed Loan Agreement
LENDER (Secured Party):
Name: [Lender Name]
Address: [Montana Address]
BORROWER (Debtor):
Name: [Borrower Name]
Address: [Montana Address]
LOAN TERMS
Principal: $[Amount]
Interest: [Rate]% per annum (max 15% in MT)
Collateral: [Description]
Montana Secured Promissory Note FAQ
Answers to common questions about secured promissory notes, UCC filings, and collateral requirements in Montana.
Official Montana Resources
Use these official resources to verify Montana requirements, file UCC documents, and access state legal information.
Other Montana Promissory Note Types
Need a different type of promissory note for Montana? We offer state-specific templates for every type.
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