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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Real Estate Mortgages and Foreclosure, Ordinance No. 03-02
Section III. Foreclosure by Advertisement

A. Requisites for Foreclosure

B. Notice of Sale, Service on Occupant

C. Requisites of Notice

D. Attorney to Foreclose: Record of Power

E. Sale, How and By Whom Made

F. Postponement

G. Separate Tracts

H. Foreclosure for Installments; Sales; Disposition of Proceeds; Redemption

I. Statement of Unpaid Amount

J. Surplus

K. Mortgagee or Assignees May Purchase

L. Certificate of Sale

M. Premises in More Than One County; Record

N. Execution After Expiration of Term

O. Perpetuating Evidence of Sale

P. Entry in Record

Q. Affidavit of Costs

R. Action to Set Aside for Certain Defects

S. Action to Set Aside Sale: Limitation

T. Interest of Purchaser; Attachment or Judgment

U. Redemption by Mortgagor

V. Redemption by Creditor

W. Redemption: How Made

X. Certificate of Redemption

Y. Effect of Redemption

Z. Foreclosure Pending Action to Set Aside Mortgage; Redemption

LLOjibwe REMAFO Sec. III, § A
A. Requisites for Foreclosure

To entitle any party to make such foreclosure, it is requisite: that some default in a condition of such mortgage has occurred, by which the power to sell has become operative. That no such action or proceeding has been instituted by law to recover the debt then remaining secured by such mortgage, or any part thereof, or if the action or proceeding has been instituted, that the same has been discontinued, or that an execution upon the judgment rendered therein has been returned unsatisfied, in whole or in part. That the mortgage has been recorded, and if it has been assigned, that all assignments thereof have been recorded; provided, that if the mortgage is upon registered land, it shall be sufficient if the mortgage and all assignments thereof have been duly registered.

Adopted June 17, 2003.

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



LLOjibwe REMAFO Sec. III, § B
B. Notice of Sale, Service on Occupant

Six (6) weeks published notice shall be given that such mortgage will be foreclosed by sale of the mortgaged premises or some part thereof, and at least four (4) weeks before the appointed time of sale a copy of such notice shall be served in a like manner as a summons in a civil action in the Leech Lake Band of Ojibwe Judicial Code upon the person in possession of the mortgaged premises, if the same are actually occupied. If there be a building on such premises used by a church or religious corporation, for its usual meetings, service upon any officer or trustee of such corporation shall be a sufficient service upon it.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § C
C. Requisites of Notice

Each notice shall specify: the name of the mortgagor and of the mortgagee and of the assignee of the mortgage, if any, and the original principal amount secured by said mortgage. The date of the mortgage and when and where recorded, except where the mortgage is upon registered land, in which case the notice shall state that fact, and when and where registered. The amount claimed to be due thereon, and taxes, if any paid by the mortgagee at the date of the notice. A description of the mortgaged premises, conforming substantially to that contained in the mortgage. The time and place of sale and the time allowed by law for redemption by the mortgagor, his personal representative or assigns.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § D
D. Attorney to Foreclose: Record of Power

When an attorney at law is employed to conduct such foreclosure, his authority shall appear by power of attorney executed and acknowledged by the mortgagee or assignee of the mortgage in the same manner as a conveyance, and recorded prior to the sale in the county where the foreclosure proceedings are held. If such attorney be employed on behalf of such mortgagee or assignee by an attorney in fact, his authority shall likewise be evidenced by recorded power.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § E
E. Sale, How and By Whom Made

The sale shall be made by the Chief Law Enforcement Officer at public venue to the highest bidder, in the district in which the premises to be sold, or some part thereof, are situated, between nine o'clock a.m. and the setting of the sun.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § F
F. Postponement

Such sale may be postponed from time to time, by inserting a notice of such postponement as soon as practicable, in the newspaper in which the original advertisement was published, and continuing such publication until the time to which the sale is postponed at the expense of the party requesting the same.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § G
G. Separate Tracts

If the mortgaged premises consists of separate and parcels or tracts, they shall be sold separately, and no more parcels or tracts shall be sold than are necessary to satisfy the amount due on such mortgage at the date of notice of such sale, with interest, taxes paid, and costs of sale.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § H
H. Foreclosure for Installments; Sales; Disposition of Proceeds; Redemption

Where a mortgage is given to secure the payment of money by installments, each installment, either for principal or interest or both, as is due at any time, may be taken and deemed to be a separate and independent mortgage, and such mortgage for each such installment may be foreclosed by advertisement or by action, in the manner and with the effect as if a separate mortgage were given for each of such installments, and such foreclosure may be made and sale had subject to the installment yet to become due upon the mortgage; and a redemption from any such sale shall have the like effect as if the sale for such installment had been made upon an independent subsequent mortgage; provided in such cases the attorney's fees on the foreclosure so made shall not exceed the amount permitted by law in case of a mortgage securing the amount of the debt then due on such foreclosure. The proceeds of the sale shall be applied first in payment of the costs of the foreclosure sale, and of the installment due with interest thereon, taxes and insurance premiums paid, if any, and then towards the payment of the residue of the sum secured by such mortgage, and not due and payable at the time of such sale; and, if such residue does not beat interest, such application shall be made with rebate of the legal interest for the time during which the residue shall not be due and payable; and the surplus, if any, shall be paid to the subsequent lienor, if any, in the order of their priority, and then to the owner of the equity of redemption, his legal representative or assigns. In case of redemption from any sale herein authorized, at the option of the redemptioner, the whole amount remaining unpaid on the mortgage, with interest and other items, if any, which have become part of the amount secured by the lien of the mortgage, may be included in the amount paid on redemption, and in such event, the redemption so made shall have like effect as if the foreclosure sale had been made for the entire amount secured by the mortgage, including such additional items.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § I
I. Statement of Unpaid Amount

Before any sale herein is authorized, the holder of the mortgage shall file with the Chief Law Enforcement Officer a verified itemized statement in writing showing the entire amount remaining unpaid on the mortgage, including taxes and insurance premiums paid and other items which have become part of the amount secured, and the rate of interest to accrue on same, which statement shall be subject to public inspection and shall be read by the Chief Law Enforcement Officer at the sale, immediately after reading the notice of sale. The certificate of sale shall set forth correctly, in addition to the amount of sale, the remaining amount still unpaid on and secured by the mortgage, subject to which the sale is made and the rate of interest to accrue on same. If during the time to redeem from the sale, any additional or other item, other than interest at the rate so stated in the certificate shall attach to such amount subject to which the sale was made, or any change shall occur in such amount or the rate of interest thereon, the facts with respect thereto, shall be set forth by affidavit, made and filed of record, and copy furnished the Chief Law Enforcement Officer, in accordance with the provisions of this section and the provisions of that section shall apply thereto.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § J
J. Surplus

In all cases not provided for above, if after sale of any real estate, made as herein prescribed, there remains in the hands of the officer making the sale any surplus money, after satisfying the mortgage, with interest, taxes paid, and costs of sale, the surplus shall be paid over by such officer on demand, to the mortgagor, his legal representative or assigns.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § K
K. Mortgagee or Assignees May Purchase

The mortgagee, his assignees or his or their legal representatives, may fairly and in good faith purchase the premises so advertised, or any part thereof, at such sale.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § L
L. Certificate of Sale

i. When any sale of real property is made under a power of sale contained in any mortgage, the officer shall make and deliver to the purchaser a certificate, executed in the same manner as a conveyance, containing:

a. A description of the mortgage,

b. A description of the property sold,

c. The price paid for each parcel sold,

d. The time and place of sale,

e. The name of the purchaser, and

f. The time allowed by law for redemption.

ii. The certificate shall be recorded within twenty (20) days after such sale, and when so recorded, upon expiration of the time for redemption, shall operate as a conveyance to the purchaser or his assignee of all the right, title and interest of the mortgagor in and to the premises named therein at the date of such mortgage, without any other conveyance.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § M
M. Premises in More Than One County; Record

If any mortgage covering real estate in more than one county be foreclosed by proceedings had in one county, and the mortgage debt be thereby paid, in whole or in part, there may be recorded by the Clerk of Court of the other county a certificate of sale and other foreclosure proceedings of record in the county in which the foreclosure proceedings were had.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § N
N. Execution After Expiration of Term

Where the terms of office, of the law enforcement officer who made the sale expires within twenty (20) days thereafter, and before he has executed the certificate required by law, he may execute and acknowledge the same in like manner and with like effect as if his term had not expired.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § O
O. Perpetuating Evidence of Sale

Any party desiring to perpetuate the evidence of any sale made in pursuance of this section may procure:

i. An affidavit of the publication of the notice of sale and of any notice of postponement to be made by the printer of the newspaper in which the same was inserted or by some person in his employ knowing the facts.

ii. An affidavit of return of service of such notice upon the occupant of the mortgaged premises to be made by the officer or person making such service, or in the case the premises were vacated or unoccupied at the time the service must be made, an affidavit or return showing that fact, to be made by the officer or person attempting to make such service.

iii. An affidavit of the person foreclosing the mortgage, or his attorney, or someone knowing the facts, setting forth the facts relating to the military service status of the owner of the mortgaged premises at the time of sale.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § P
P. Entry in Record

A note referring to the page and book where the evidence of any such sale is recorded shall be made by the recorder in the margin of the record of the mortgage.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § Q
Q. Affidavit of Costs

Within ten (10) days after the filing for record of the certificate of sale, the party foreclosing or their attorney shall make and file for record with the Clerk of Court an affidavit containing a detailed bill of costs and disbursements of the foreclosure, including attorney's fees, and setting forth that the same have been absolutely and unconditionally paid or incurred.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § R
R. Action to Set Aside for Certain Defects

No such sale shall be held invalid or be set aside by reason of any defect in the notice thereof, or in the publication or service of such notice, or in the proceedings of the officer making the sale, unless the action in which the validity of such sale is called in question be commenced, or the defense alleging its invalidity be interposed, with reasonable diligence, and not later than five (5) years after the date of such sale; provided that persons under disability to sue when such sale was made by reason of being minors, insane persons, and other like individuals who lack capacity, or persons in captivity of any country with which the United States is at war, may commence such action or interpose such defense at any time within five (5) years after the removal of such disability.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § S
S. Action to Set Aside Sale: Limitation

Leech Lake Ojibwe Real Est. Mort. & Frcls. Ord. Sec. III, § S

Leech Lake Band of Ojibwe
Leech Lake Band of Ojibwe Tribal Code
Real Estate Mortgages and Foreclosure, Ordinance No. 03-02
Section III. Foreclosure by Advertisement
S. Action to Set Aside Sale: Limitation

No such sale shall be held invalid or set aside unless the action in which its validity is called in question be commenced, or the defense alleging its invalidity be interposed, within fifteen (15) years after the date of such sale; provided that persons under disability, as provided in (T), may commence such action or interpose such defense within the time therein provided. This section shall not affect or prejudice the rights of any bona fide purchaser.

Adopted June 17, 2003.

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

Current through Oct. 25, 2010

c 2011 Thomson Reuters. Used by permission of the Leech Lake Band of Ojibwe.

END OF DOCUMENT




LLOjibwe REMAFO Sec. III, § T
T. Interest of Purchaser; Attachment or Judgment

Leech Lake Ojibwe Real Est. Mort. & Frcls. Ord. Sec. III, § T

Leech Lake Band of Ojibwe
Leech Lake Band of Ojibwe Tribal Code
Real Estate Mortgages and Foreclosure, Ordinance No. 03-02
Section III. Foreclosure by Advertisement
T. Interest of Purchaser; Attachment or Judgment

The interest acquired upon such sale is subject to the lien of any attachment or judgment duly made or docketed against the person holding the same, as in case of real property, and may be attached and sold on execution in the same manner.

Adopted June 17, 2003.

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

Current through Oct. 25, 2010

c 2011 Thomson Reuters. Used by permission of the Leech Lake Band of Ojibwe.

END OF DOCUMENT




LLOjibwe REMAFO Sec. III, § U
U. Redemption by Mortgagor

Leech Lake Ojibwe Real Est. Mort. & Frcls. Ord. Sec. III, § U

Leech Lake Band of Ojibwe
Leech Lake Band of Ojibwe Tribal Code
Real Estate Mortgages and Foreclosure, Ordinance No. 03-02
Section III. Foreclosure by Advertisement
U. Redemption by Mortgagor

i. When residences and/or fee land have been sold in conformity with the preceding sections the mortgagor, their personal representatives or assigns, within six (6) months after such sale, except as otherwise provided in (subsection b), may redeem such residence and/or fee land hereinafter provided, by paying the sum of money for which the same were sold, with interest from the time of sale at the rate provided to be paid on the mortgage debt, not to exceed four percent per annum, and if no rate be provided in the mortgage, at the rate of four percent per annum, together with any further sums which may be payable pursuant to this section. Where the redemption period is as provided in this section, the mortgagee, or their successors, assigns or personal representative or any other purchaser so purchasing at the Chief Law Enforcement Officer's sale shall by purchasing the property at the officer's sale thereby waive his right to a deficiency judgment against the mortgagor.

ii. Notwithstanding the provisions of (subsection i), when residences have been sold in conformity with the preceding sections of this chapter, the mortgagor, their personal representatives or assigns, within twelve (12) months after such sale may redeem such residence in accordance with the provisions of payment of (subsection i), if the mortgage was executed prior to July 1, 1967, or the amount claimed to be due and owing as of the date of the notice of foreclosure sale is less than 66_ percent of the original principal amount secured by the mortgage or the mortgaged premises, as of the date of the execution of the mortgage.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § V
V. Redemption by Creditor

If no such redemption be made by the mortgagor, his personal representatives or assigns, the senior creditor having a lien, legal or equitable, upon the mortgaged premises, or some part subsequent to the mortgage, may redeem within five (5) days after the expiration of the redemption period specified above and each subsequent creditor having alien in succession, according to priority of liens, within five (5) days after the time allowed the prior lien holder, respectively, may redeem by paying the amount aforesaid and all liens prior to his own held by the person from whom redemption is made; provided that no creditor shall be entitled to redeem unless the period allowed for redemption he file for record notice of his intention to redeem with the Clerk of Court, of each district where the mortgage is recorded.

Adopted June 17, 2003.

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

 




LLOjibwe REMAFO Sec. III, § W
W. Redemption: How Made

i. Redemption shall be made as follows: the person desiring to redeem shall pay to the person holding the right acquired under such sale, or for him to the Chief Law Enforcement Officer, who made the sale, or his successor in office, the amount required by law for such redemption, and shall produce to such person or officer:

a) A copy of the docket of the judgment, or of the deed or mortgage, or of the record or files evidencing any other lien under which he claims a right to redeem, certified by the officer in whose custody such docket, record or files shall be, or the original deed or mortgage, with the certificate of record enforced thereon.

b) Any assignment necessary to establish his claim, verified by the affidavit of himself or a subscribing witness thereto, or some person acquainted with the signature of the assignor. If the redemption is under an assignment of a judgment, the assignment shall be filed in the Court rendering the judgment, as provided by law, and the person so redeeming shall produce a certified copy thereof, and of the record of its filing and the copy of the docket shall show that the proper entry was made upon the docket.

c) An affidavit of himself or his agent, showing the amount actually due on his lien.

ii. Within twenty-four (24) hours after such redemption is made, the person redeeming shall cause the documents so required to be produced to be filed with the Clerk of Court, who shall endorse thereon the date and hour of filing, and shall preserve the same in his office for one (1) year thereafter, for which service he shall be entitled to receive $1.00. If such redemption shall be made at any place other than the district-seat, it shall be sufficient forthwith to deposit such documents in the nearest post office, addressed to such recorder, with the postage prepaid.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § X
X. Certificate of Redemption

i. The person or officer from whom such redemption is made shall make and deliver to the person redeeming a certificate executed and acknowledged in the same manner as a conveyance, containing:

a) The name of the person redeeming, and the amount paid by him on such redemption.

b) A description of the sale for which such redemption is made and of the property redeemed.

c) A statement of the claim upon which such redemption is made and if upon a lien, the amount claimed to be due thereon at the date of redemption.

ii. If redemption is made by the owner of the property sold, his heirs, personal representatives or assigns, such certificate shall be recorded within four (4) days after the expiration of the year allowed him for redemption, and if made by a creditor holding a lien, the certificate shall be recorded within four (4) days after such redemption. Unless so recorded, the certificate shall be void as against any person in good faith redeeming from the same person or lien.

Adopted June 17, 2003.

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

 




LLOjibwe REMAFO Sec. III, § Y
Y. Effect of Redemption

If redemption is made by the owner of the property sold, his heirs, personal representatives or assigns, such redemption annuls the sale; if by a creditor holding a lien on the property or some part thereof, the certificate of redemption, executed, acknowledged and recorded as provided above operates as an assignment to him of the right acquired under such sale, subject to such right of any other to redeem as provided by law.

Adopted June 17, 2003.

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




LLOjibwe REMAFO Sec. III, § Z
Z. Foreclosure Pending Action to Set Aside Mortgage; Redemption

When an action is brought wherein it is claimed that any mortgage as to the plaintiff or person for whose benefit the action is brought is fraudulent or void, or has been paid or discharged, in whole or in part, if such mortgage has been foreclosed by advertisement, and the time for redemption from the foreclosure sale will expire before final judgment in such action, the plaintiff or beneficiary having the right to redeem, for the purpose of saving such right in case the action fails, may deposit with the Chief Law Enforcement Officer, before the time of redemption expires the amount for which the mortgaged premises were sold, with interest thereon to the time of deposit, together with a bond to the holder of the Chief Law Enforcement Officer's certificate of sale in an amount and with sureties to be approved by the Chief Law Enforcement Officer, conditioned to pay all interest that may accrue to be allowed on such deposit if the action fails. He shall, in writing, notify such law enforcement officer that he claims the mortgage to be fraudulent or void or to have been paid or discharged, in whole or in part, as the case may be, and that such action is pending, and direct him to retain such money and bond until final judgment. In case such action fails, such deposit shall operate as a redemption of the premises from such foreclosure sale, and entitle the plaintiff to a certificate thereof. Such foreclosure deposit, bond and notice shall be brought to the attention of the Court by supplemental complaint in the action and the judgment shall determine the validity of the foreclosure sale, and the rights of the parties to the monies and bond so deposited, which shall be paid and delivered by the sheriff as directed by such judgment upon delivery to him of a certified copy thereof. The remedy therein provided shall be in addition to other remedies now existing.

Adopted June 17, 2003.

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

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