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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Real Estate Mortgages and Foreclosure, Ordinance No. 03-02
Section I. General Provisions

A. Pledge of Allotted Lands as Collateral

B. Relinquishment of Title to Residence

C. Minnesota Chippewa Tribal Housing Corporation Contracts; Validity of Mortgages

D. Construction

E. Presumption of Identity

F. Holder of Junior Mortgage May Pay Default in Prior Mortgages

G. Reinstatement of Mortgage

H. Purchaser at Foreclosure, Execution, or Judicial Sale May Pay Taxes, Assessments, Insurance Premiums or Interest

I. Attorney's Fees

LLOjibwe REMAFO Sec. I, § A
A. Pledge of Allotted Lands as Collateral

i. Any enrolled member of the Leech Lake Band of Ojibwe Indians who shall be an allottee or successor in interest of lands held in trust by the United States of America, which said lands are located within the jurisdiction of the Leech Lake Band of Ojibwe Indians shall not be required to pledge the entire acreage of the allotment as collateral to obtain financial assistance for the construction or renovation of any residential or commercial dwelling located on said allotment from any mortgage creditor of financial institution.

ii. Notwithstanding the provisions of (i), any pledge of an allotment as collateral for the construction or renovation of any residential dwelling shall not exceed two acres of the total allotment when the total exceeds two acres of land.

iii. The provisions of this section shall apply to all allotments held by an enrolled member or successor in interest of the Leech Lake Band of Ojibwe Indians in trust by the United States of America. Any such pledge of an entire acreage of an allotment to secure credit for the construction or renovation of any residential dwelling shall be of no force and effect in the event such pledge exceeds the standard amount of acreage granted by the government of the Leech Lake Band of Ojibwe Indians for the construction or renovation of residential dwelling on trust lands by the individual members of the Band.

Adopted June 17, 2003.

Leech Lake Ojibwe Real Est. Mortgage & Foreclosure Ord. Sec. I, § A, LLOjibwe REMAFO Sec. I, § A



LLOjibwe REMAFO Sec. I, § B
B. Relinquishment of Title to Residence

Any person who shall enter into a contractual arrangement for the provision of a residence on lands under the jurisdiction of the Leech Lake Band of Ojibwe Indians who shall become delinquent in their housing payments for more than two months shall have no authority to relinquish title to their residence in favor of any creditor by entering into any rental option agreement without first having his mortgage foreclosed pursuant to this Code. The redemption period found in this Code shall be utilized for an opportunity for the home-buyer to recover his residence lost to foreclosure. Any holder of said title to a foreclosed mortgage shall show cause as to why said home-buyer should not have first option to redeem through a six month rent with option to buy contract. Any rents collected pursuant to said agreement shall be utilized to apply to any original principal and interest balance, with attorney fees awarded by the Court, provided the original home-buyer is granted a rent with option to buy contract. In such an event, home-repairs shall be the responsibility of the person who possessed title to the house prior to foreclosure action.

Adopted June 17, 2003.

Leech Lake Ojibwe Real Est. Mortgage & Foreclosure Ord. Sec. I, § B, LLOjibwe REMAFO Sec. I, § B




LLOjibwe REMAFO Sec. I, § C
C. Minnesota Chippewa Tribal Housing Corporation Contracts; Validity of Mortgages

Any person who shall enter into a contractual agreement with the Minnesota Chippewa Tribal Housing Corporation for the provisions of a residence to which a mortgage was issued within the previous twenty-five (25) years, it is hereby declared by the Band that all such mortgage documents shall be deemed valid mortgages by the Leech Lake Band of Ojibwe, but subject to provisions found in this section.

Adopted June 17, 2003.

Leech Lake Ojibwe Real Est. Mortgage & Foreclosure Ord. Sec. I, § C, LLOjibwe REMAFO Sec. I, § C




LLOjibwe REMAFO Sec. I, § D
D. Construction

This Code section shall be liberally construed for the purpose of ascertaining marketability of title as between vendor and purchaser.

Adopted June 17, 2003.

Leech Lake Ojibwe Real Est. Mortgage & Foreclosure Ord. Sec. I, § D, LLOjibwe REMAFO Sec. I, § D




LLOjibwe REMAFO Sec. I, § E
E. Presumption of Identity

The presumption of identity arising from identity or substantial identity of names of a grantee and of a succeeding grantor in a chain of title, shall extend to those cases where in one instrument the party is designated by initials which correspond with the name appearing in another instrument with the exception of the use of Indian names.

Adopted June 17, 2003.

Leech Lake Ojibwe Real Est. Mortgage & Foreclosure Ord. Sec. I, § E, LLOjibwe REMAFO Sec. I, § E




LLOjibwe REMAFO Sec. I, § F
F. Holder of Junior Mortgage May Pay Default in Prior Mortgages

Any person who has a mortgage lien upon any land against which there exists a prior mortgage may pay any taxes or assessments on which any penalty would otherwise accrue, and may pay the premium upon any policy of insurance procured in renewal of any expiring policy upon mortgaged premises, and may in case any interest upon any prior or superior lien is in default, or any part of the principal shall become due, or amortized installment which may be in default upon any such prior lien, pay the same, and all such sums so paid shall become due upon such payment and be a part of the debt secured by such junior mortgage, shall bear interest from the date of payment at the same rate as the indebtedness secured by such prior lien, and shall be collectible with, as a part of, and in the same manner as the amount secured by such junior mortgage. Such payments shall be proved by the affidavit of the junior mortgagee, his agent or attorney, stating the items and describing the premises, and a copy must be filed for record with the Clerk of Court.

Adopted June 17, 2003.

Leech Lake Ojibwe Real Est. Mortgage & Foreclosure Ord. Sec. I, § F, LLOjibwe REMAFO Sec. I, § F




LLOjibwe REMAFO Sec. I, § G
G. Reinstatement of Mortgage

In any proceedings for the foreclosure of a real estate mortgage, whether by action or by advertisement, if at any time before the sale of the premises under such foreclosure the mortgagor, the owner, or any holder of any subsequent encumbrance or lien, or any one of them, shall pay or cause to be paid to the holder of the mortgage so being foreclosed, or to the attorney foreclosing the same, or to the chief law enforcement officer, the amount actually due thereon and constituting the default actually existing in the conditions of the mortgage at the time of the commencement of the foreclosure proceedings, including insurance, delinquent taxes, if any, upon the premises, interest to date of payment, cost of publication and services of processes or notices, attorney's fees not exceeding two hundred fifty dollars, the subsequent fee scale, together with other lawful disbursements necessarily incurred in connection with the proceedings by the party foreclosing, then and in the event the mortgage shall be fully reinstated and further proceedings in such foreclosure shall be thereupon abandoned.

Adopted June 17, 2003.

Leech Lake Ojibwe Real Est. Mortgage & Foreclosure Ord. Sec. I, § G, LLOjibwe REMAFO Sec. I, § G




LLOjibwe REMAFO Sec. I, § H
H. Purchaser at Foreclosure, Execution, or Judicial Sale May Pay Taxes, Assessments, Insurance Premiums or Interest

The purchaser at any sale, upon foreclosure of mortgage or execution or at any judicial sale during the year of redemption, may in case any interest or installment of principal upon any prior or superior mortgage is in default or shall become due during such year of redemption, pay the same, and in all such cases, the sum so paid with interest, shall be a part of the sum required to be paid to redeem from such sale. Such payments shall be proved by the affidavit of the purchaser, his agent or attorney, stating the items and describing the premises, which must be filed for record with the Clerk of Court and a copy thereof shall be furnished to the chief law enforcement officer at least ten days before the expiration of the year of redemption.

Adopted June 17, 2003.

Leech Lake Ojibwe Real Est. Mortgage & Foreclosure Ord. Sec. I, § H, LLOjibwe REMAFO Sec. I, § H




LLOjibwe REMAFO Sec. I, § I
I. Attorney's Fees

i. The mortgagor may, in the mortgage, covenant to pay or authorize the mortgagee to retain attorney's fees in case of foreclosure; but such fees in case of foreclosure by advertisement shall not exceed the following amounts, and any provisions for fees in excess thereof, shall be void to the extent of the excess:

The original principal amount secured by the mortgage:

 

less than $500.00

$150.00

 

$550.00--$1,000.00

$160.00

 

$1,000.00--$5,000.00

$170.00

 

$5,000.00--$10,000.00

$225.00

 

Exceeding $10,000.00

$275.00 plus $35 for each additional $5,000.00 or major fraction thereof.

ii. The Court shall establish the amount of the attorney's fees in case of foreclosure by action. If at the time of the commencement of the foreclosure proceedings, all of the items, constituting said default were less than thirty (30) days past due, then upon redemption the mortgagor shall not be required to pay the attorney's fees authorized in this section. This section shall apply only to mortgages executed after May 31, 1971.

Adopted June 17, 2003.

Leech Lake Ojibwe Real Est. Mortgage & Foreclosure Ord. Sec. I, § I, LLOjibwe REMAFO Sec. I, § I

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