11.10.030 Foreclosure procedures.
(A) A borrower/mortgagor shall be considered to be in default when he is thirty (30) days past due on his mortgage payment(s) to the lender/mortgagee or when he has been in breach of any other material mortgage provision for at least thirty (30) days.
(B) Before a borrower/mortgagor becomes ninety (90) days delinquent on his mortgage payments and before any foreclosure action or activity is initiated, the lender/mortgagee shall complete the following:
(1) Make a reasonable effort to arrange a face-to-face interview with the borrower/mortgagor. This shall include at least one (1) trip to meet with the borrower/mortgagor at the mortgaged property.
(2) Lender/mortgagee shall document that it has made at least one (1) phone call to the borrower/mortgagor (or the nearest phone as designated by the borrower/mortgagor, able to receive and relay messages to the borrower/mortgagor) for the purpose of trying to arrange a face-to-face interview.
(C) Lender/mortgagee may appoint an agent to perform the services, including but not limited to arranging and conducting the face-to-face interview, specified in subsection (B) of this section.
(D) Before the borrower/mortgagor has been delinquent for ninety (90) days and at least ten (10) days before initiating a foreclosure action in Tribal Court, the lender shall advise the borrower/mortgagor in writing by mail or by posting prominently on the unit, with a copy provided to the Tribe, as follows:
(1) Advise the borrower/mortgagor that information regarding the loan and default will be given to credit bureaus.
(2) Advise the borrower/mortgagor of homeownership counseling opportunities/programs available through the lender or otherwise.
(3) Advise the borrower/mortgagor of other available assistance regarding the mortgage/default.
(E) In addition to the preceding notification requirements, the lender/mortgagee shall complete the following additional notice requirements when a leasehold mortgage is involved:
(1) Notify the borrower/mortgagor that if the leasehold mortgage remains in default for more than ninety (90) days, the lender/mortgagee may ask the applicable governmental agency to accept assignment of the leasehold mortgage if this is a requirement of the governmental program;
(2) Notify the borrower/mortgagor of the qualifications for forbearance relief from the lender/mortgagee, if any, and that forbearance relief may be available from the government if the mortgage is assigned; and
(3) Provide the borrower/mortgagor with names and address of government officials to whom further communications may be addressed, if any.
(F) If a borrower/mortgagor has been delinquent for ninety (90) days or more and the lender/mortgagee has complied with the procedures set forth in this section, the lender/mortgagee may commence a foreclosure proceeding in the Tribal Court by filing a verified complaint as set forth in KTC 11.10.040. [Res. 15-R-147 § 3, 12/3/2015.]