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Mortgage Lending Process In Indian Country
1. Lender verifies applicant and Tribe are eligible participants
2. Lender verifies land status and eligibility to mortgage

FEE SIMPLE: No restriction against alienation or encumbrance; land serves as collateral

TRIBAL TRUST: Restrictions against alienation or encumbrance; leasehold interest in land serves as collateral

INDIVIDUAL TRUST: Restriction against alienation or encumbrance; allottee must document interest in land to serve as collateral

FEE SIMPLE MORTGAGE APPROVAL

Lender:

  • Prepares credit package
  • Orders Title Insurance Policy
  • Orders Appraisal
  • Pre-approves borrower
  • Submits underwriting package to HUD
  • Receives HUD commitment
  • Closes Loan

LEASHOLDER MORTGAGE APPROVAL ON TRIBAL TRUST LAND

Lender/Borrower contact BIA to obtain a preliminary TSR to verify applicant's interest in land, legal description and existing encumbrances

 

BIA Realty Officer provides preliminary TSR and commitment for mortgage / dee of trust for approval.

Lender:

  • Prepares credit package
  • Orders appraisal
  • Pre-approves borrower
  • Submits mortgage documents to HUD and BIA for approval

BIA Credit Officer and / or Realty Officer approves credit package

Lender:

  • Receives HUD / BIA commitment
  • Closes Loan

BIA Realty Officer provides commitment for mortgage / deed of trust approval

Lender:

  • Reviews executed lease by Tribe, BIA and borrower for program compliance
  • Prepares credit package
  • Orders appraisal
  • Pre-approves borrower
  • Submits underwriting package to HUD for approval
  • Receives HUD commitment
  • Closes Loan
Lender files loan documents with Country Recording Clerk Lender files loan documents with BIA and County / Tribal Recording Clerk as required. Lender files loan documents with BIA and County / Tribal Recording Clerk as required
  BIA issues the final TSR and certificate of approval to lender with recorded mortgage and lease BIA Issues the final TSR and certificate of approval to lender with recorded mortgage.
   
  • BIA - Bureau of Indian Affairs
  • LTRO - Land Titles and Record Office
  • TSR- Title Status Report
  • ONAP-Office of Native American Programs