{"data":{"id":"us-mt/71-1-107","jurisdiction":"us-mt","citation":"71-1-107","heading":"Transfers of interest.","body":"(1) Every transfer of an interest in property, other than in trust, made only as a security for the performance of another act is to be deemed a mortgage, except when in the case of personal property it is accompanied by actual change of possession, in which case it is deemed a pledge.\n(2) The fact that a transfer was made subject to defeasance on a condition may, for the purpose of showing such transfer to be a mortgage, be proved (except as against a subsequent purchaser or encumbrancer for value and without notice), though the fact does not appear by the terms of the instrument.","path":["TITLE 71. MORTGAGES, PLEDGES, AND LIENS","CHAPTER 1. MORTGAGES","Part 1. General Provisions"],"source_url":"https://mca.legmt.gov/bills/mca/title_0710/chapter_0010/part_0010/section_0070/0710-0010-0010-0070.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:58:50Z","sha256":"91425e24b77b1db8cd7a012a13f22fcf06b5a9b063c3d757ef36fb2090af6016","source_id":"us-mt","stale":false,"prev":"us-mt/71-1-106","next":"us-mt/71-1-108"},"notice":"GroundRules: Original legal text. Not legal advice."}