Montana Code Annotated 2023



Part 7. Sale on Execution

Procedure When Sale Invalidated -- Revival Of Judgment

25-13-713. Procedure when sale invalidated -- revival of judgment. (1) If the purchaser of real property sold on execution or the purchaser's successor in interest is evicted from the property because of irregularities in the proceedings concerning the sale or of the reversal or discharge of the judgment, the purchaser may recover the price paid, with interest, from the judgment creditor.

(2) If the purchaser of property at a sheriff's sale or the purchaser's successor in interest fails to recover possession because of irregularity in the proceedings concerning the sale or because the property sold was not subject to execution and sale, the court having jurisdiction shall, on petition of the party in interest or the party's attorney, revive the original judgment for the amount paid by the purchaser at the sale, with interest on the judgment from the time of payment at the same rate that the original judgment bore. When revived, the judgment has the same effect as an original judgment of the court of that date, bearing interest as provided in this subsection. Any other or after-acquired property, rents, issues, or profits of the debtor is subject to levy and sale under execution in satisfaction of the debt. However, property of the debtor sold bona fide before the filing of the petition is not subject to the lien of the judgment. The notice of the filing of the petition must be made by filing a notice in the office of the county clerk where the property is situated, and the judgment must be revived in the name of the original plaintiff or plaintiffs for the use of the petitioner, the party in interest.

History: En. Sec. 237, p. 183, L. 1867; re-en. Sec. 286, p. 89, Cod. Stat. 1871; re-en. Sec. 336, p. 132, L. 1877; re-en. Sec. 336, 1st Div. Rev. Stat. 1879; re-en. Sec. 347, 1st Div. Comp. Stat. 1887; re-en. Sec. 1241, C. Civ. Proc. 1895; re-en. Sec. 6844, Rev. C. 1907; re-en. Sec. 9450, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 708; re-en. Sec. 9450, R.C.M. 1935; R.C.M. 1947, 93-5842; amd. Sec. 454, Ch. 56, L. 2009.