27.05.010 Leasehold Mortgage Foreclosure Proceedings

Upon the default of the Mortgagor(s), and upon expiration of any applicable cure periods, under a Leasehold Mortgage, the Mortgagee or its successors and assigns may commence a Leasehold Mortgage foreclosure proceeding in the Tribal Court as follows:

(a) By filing a verified complaint:

(1) Citing authority for jurisdiction of the Tribal Court;

(2) Naming the Mortgagor(s) and each record owner claiming through the Mortgagor(s) subsequent to the recording of the Leasehold Mortgage, including each Subordinate Lienholder (except the Tribe with respect to a claim for a Tribal tax on the Leasehold Estate subject to the Leasehold Mortgage), as a defendant;

(3) Describing the Leasehold Estate subject to the Leasehold Mortgage;

(4) Stating the facts concerning

(A) the execution the Lease and the Leasehold Mortgage;

(B) the recording of the Leasehold Mortgage; and

(C) the alleged default(s) of the Mortgagor(s) (and any other facts as may be necessary to constitute a cause of action);

(5) Having appended as exhibits true and correct copies of each promissory note, Lease, Leasehold Mortgage and, if applicable, assignment thereof relating to such Leasehold Estate;

(6) Including an allegation that all relevant requirements and conditions prescribed in the Initiative, the VA program or any other program authorized by federal law, the agreements between parties and the Lease have been complied with by the Mortgagee or its successors or assigns; and

(7) Otherwise satisfying the requirements of the Tribal Court.

(b) By obtaining a summons, issued as in other cases, requiring the Mortgagor(s) and each other person or entity claiming through the Mortgagor, as defendants to appear for a trial upon the complaint on a date and time specified in the summons, and filing a copy of such summons with the Tribal Court.