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Ex. MT-011 Order Primary source read

Directive Implementing Executive Orders 2-2020 and 3-2020 (limits on foreclosures, evictions and disconnections from service)

Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to limit foreclosures, evictions, and disconnections from service

Governor Steve Bullock · Montana (State)

The COVID Project

The record

Jurisdiction
Montana
Level
State
Authority
Mont. Code Ann. 10-3-104(2)(a), (2)(c); 10-3-313(1)(c) (temporary housing needs); 10-3-305(2); 50-1-202, -203
Issued
2020-03-30 Mar. 30, 2020
Effective
2020-03-30 ('effective immediately through April 10, 2020') (read as 2020-03-30)
End
Extended through Apr. 24 (MT-012); with the Apr. 13 Directive extended through May 24, 2020, with continuing protection for vulnerable sheltering individuals 30 days after they cease to shelter or the end of the emergency (MT-013, MT-014) (read as 2020-09-30)
In force
Mar. 30, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitation types
Courts and public officesOther
Addressees
  • landlords
  • mortgagees and trustees
  • utilities and internet providers
  • courts (requested to stay actions)
  • public housing authorities
  • Commissioner of Banking and Department of Commerce
Functions reached
  • SV servicing, collections, foreclosure (prohibited)
  • PM property management (evictions prohibited)
  • CL closings (trustee's sales halted)
  • CT courts (stays requested)
Collection
Montana MT

Operative words

For the duration of this Directive and except as provided herein, there shall be no actions for termination of a tenancy, possession, unlawful holdover, or rent involving a residential dwelling tenancy. No writ, judgment, or order requiring a tenant or authorized guest to surrender or vacate the premises shall be enforced.... no trustee's sale, sheriff's sale, or other involuntary sale of residential real property... shall proceed.... no business or political subdivision of the State supplying electricity, gas, sewage disposal, water, telephone, or internet services... shall terminate that service.

Enforcement

'This Directive supersedes, suspends, or preempts any conflicting state or local statute, rule, ordinance, or order'; no default judgment may be entered in covered actions

Notes

Excludes property rented for commercial business use; the Commissioner of Banking directed to 'immediately engage with financial institutions' on foreclosure relief