Document Updates: MT Acknowledgement that Real Property is Not Exempt (Cx1412)
Mar 20, 2026
In 2001, Montana repealed Mont. Code Ann. § 70-32-221 (2001) (repealed), which had expressly required lenders to obtain a signed written statement confirming that the real property was not claimed as a homestead exempt from exemption. Although this statutory requirement is no longer in effect, the FNMA Model Security Instrument continues to include a provision stating that the borrower has signed a homestead waiver.
To ensure alignment with FNMA requirements, we have updated print configurations to reinstate Cx1412 for Montana closings. This document will again print to evidence the borrower’s waiver of homestead rights in accordance with the provisions of the Security Instrument.
Updates made to Montana documents while this document was paused have been added to ensure compliance. This includes updating the Notary requirements found in Mont. Code Ann 1-5-610(10) for Ink Sign and In-Person Electronic Notarization (IPEN) and updating the signature lines to match those on the security instrument.
These changes are available for testing on Stage & Stage2 servers and will take effect on March 27, 2026. If you have any questions or concerns, please contact Client Support at 1.800.497.3584.
LEG-3645
DR-215363
The preceding is for informational purposes only and is not and may not be construed as legal advice. No third-party entity may rely upon anything contained herein when making legal and/or other determinations regarding its practices, and such third-party should consult with an attorney prior to embarking upon any specific course of action.
The preceding is for informational purposes only and is not and may not be construed as legal advice. No third-party entity may rely upon anything contained herein when making legal and/or other determinations regarding its practices, and such third party should consult with an attorney prior to embarking upon any specific course of action.