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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Civil Procedure
Chapter Seventeen

Section 1701. Lawful Collateral for Federally Guaranteed Loans

Lands held in fee simple by an Indian as defined by 25 CFR Section 955.103 within the Absentee Shawnee Tribal Indian Area as defined by 25 CFR Section 955.103 and a properly approved residential lease on, up to and including two (2) acres of any appropriate land or lands held in Trust for a Member of the Absentee Shawnee Tribe of Oklahoma may be utilized as collateral for loans Guaranteed by the U.S. Department of Housing and Urban Development under Section 184 Indian Housing Loan Guarantee Program. The availability of said collateral is dependant upon full compliance with the rules set forth in the sections hereinafter applicable to the specific category of collateral.

Absentee Shawnee Civil Procedure Section 1701, AST CIV PRO Code Section 1701



Section 1702. Fee Lands

1702 a. The laws governing lands held in fee as defined in Section 1701 herein shall be the laws of the State of Oklahoma pertaining to mortgages, foreclosures, liens and eviction.

1702 b. The Courts of the State of Oklahoma shall be the Court of Jurisdiction for Fee Lands.

Absentee Shawnee Civil Procedure Section 1702, AST CIV PRO Code Section 1702



Section 1703. Leases of Trust Lands

1703 A. The laws of the Absentee Shawnee Tribe of Oklahoma shall govern all actions pertaining to the mortgages, foreclosures, liens, and evictions associated with the use of Trust Lands as collateral.

1703 B. The jurisdiction for all actions pertaining to leases of Trust Lands as collateral shall be in the Absentee Shawnee Tribal District Court.

Absentee Shawnee Civil Procedure Section 1703, AST CIV PRO Code Section 1703



Section 1704. Definitions

The definitions set forth in 25 CFR Section 955.103 shall be applicable to all issues pertaining to this chapter unless more specifically defined in this or other chapters of the Laws of the Absentee Shawnee Tribe of Oklahoma.

Absentee Shawnee Civil Procedure Section 1704, AST CIV PRO Code Section 1704



Section 1705. Mortgage As a Lien

A mortgage entered into between the borrower and lender wherein a lease of restricted land is placed as collateral under the Section 184 Indian Housing Guaranteed Loan Program and properly executed, approved and filed in accordance the Absentee Shawnee Tribal laws shall be considered a lien against such lease and have priority over all other liens.

Absentee Shawnee Civil Procedure Section 1705, AST CIV PRO Code Section 1705



Chapter Seventeen A. Liens
Section 1701. Liens Defined

A lien is a charge imposed upon specific property, by which it is made security for the performance of an act.

Absentee Shawnee Civil Procedure Section 1701, AST CIV PRO Code Section 1701



Chapter Seventeen A. Liens
Section 1702. Classes of Liens

Liens are either general or special.

Absentee Shawnee Civil Procedure Section 1702, AST CIV PRO Code Section 1702



Chapter Seventeen A. Liens
Section 1703. General Lien

A general lien is one which the holder thereof is entitled to enforce as a security for the performance of all the obligations, or all of a particular class of obligations, which exist in his favor against the owner of the property.

Absentee Shawnee Civil Procedure Section 1703, AST CIV PRO Code Section 1703



Chapter Seventeen A. Liens
Section 1704. Special Lien--Prior Lien

A special lien is one which the holder thereof can enforce only as a security for the performance of a particular act or obligation, and of such obligations as may be incidental thereto. Where the holder of a special lien is compelled to satisfy a prior lien for his own protection, he may enforce payment of the amount so paid by him, as part of the claim for which his own lien exists.

Absentee Shawnee Civil Procedure Section 1704, AST CIV PRO Code Section 1704



Chapter Seventeen A. Liens
Section 1705. Law Applies to What

Contracts of mortgage and pledge, are subject to all the provisions of this chapter.

Absentee Shawnee Civil Procedure Section 1705, AST CIV PRO Code Section 1705



Chapter Seventeen A. Liens
Section 1706. Lien Created, How

A lien is created:

1. By contract of the parties; or,

2. By operation of law.

Absentee Shawnee Civil Procedure Section 1706, AST CIV PRO Code Section 1706



Chapter Seventeen A. Liens
Section 1707. Lien Created by Law

No lien arises by mere operation of law until the time at which the act to be secured thereby ought to be performed.

Absentee Shawnee Civil Procedure Section 1707, AST CIV PRO Code Section 1707



Chapter Seventeen A. Liens
Section 1708. Lien of Future Interest

An agreement may be made to create a lien upon property not yet acquired by the party agreeing to give the lien, or not yet in existence. In such case the lien agreed for attaches from the time when the party agreeing to give it acquires an interest in the thing to the extent of such interest.

Absentee Shawnee Civil Procedure Section 1708, AST CIV PRO Code Section 1708



Chapter Seventeen A. Liens
Section 1709. Lien to Take Immediate Effect

A lien may be created by contract, to take immediate effect, as security for the performance of obligations not then in existence.

Absentee Shawnee Civil Procedure Section 1709, AST CIV PRO Code Section 1709



Chapter Seventeen A. Liens
Section 1710. Lien Transfers No Title

Notwithstanding an agreement to the contrary, a lien or a contract for a lien transfers no title to the property subject to the lien.

Absentee Shawnee Civil Procedure Section 1710, AST CIV PRO Code Section 1710



Chapter Seventeen A. Liens
Section 1711. Contracts for Forfeiture of Property and Restraining Redemption

All contracts for the forfeiture of property subject to a lien, in satisfaction of the obligation secured thereby, and all contracts in restraint of the right of redemption from a lien, are void.

Absentee Shawnee Civil Procedure Section 1711, AST CIV PRO Code Section 1711



Chapter Seventeen A. Liens
Section 1712. Lien Does Not Imply Obligation

The creation of a lien does not of itself imply that any person is bound to perform the act for which the lien is a security.

Absentee Shawnee Civil Procedure Section 1712, AST CIV PRO Code Section 1712



Chapter Seventeen A. Liens
Section 1713. Extent of Lien Limited

The existence of a lien upon property does not of itself entitle the person, in whose favor it exists, to a lien upon the same property for the performance of any other obligation than that which the lien originally secured.

Absentee Shawnee Civil Procedure Section 1713, AST CIV PRO Code Section 1713



Chapter Seventeen A. Liens
Section 1714. Holder of the Lien Not Entitled to Compensation

One who holds property by virtue of a lien thereon, is not entitled to compensation from the owner thereof for any trouble or expense which he incurs respecting it.

Absentee Shawnee Civil Procedure Section 1714, AST CIV PRO Code Section 1714



Chapter Seventeen A. Liens
Section 1715. Priority of Liens According to Date

Other things being equal, different liens upon the same property have priority according to the time of their creation.

Absentee Shawnee Civil Procedure Section 1715, AST CIV PRO Code Section 1715



Chapter Seventeen A. Liens
Section 1716. Priority of Mortgage for Price of Realty

A mortgage given for the price of real property, at the time of its conveyance, has priority over liens created against the purchaser, subject to the operation of recording laws.

Absentee Shawnee Civil Procedure Section 1716, AST CIV PRO Code Section 1716



Chapter Seventeen A. Liens
Section 1717. Order for Resort for Payment of Property Liens

Where one has a lien upon several things, and other persons have subordinate liens upon or interests in, some but not all of the same things, the person having the prior lien, if he can do so without the risk of loss to himself, or injustice to other persons, must resort to the property in the following order, on the demand of any party interested:

1. To the things upon which he has an exclusive lien.

2. To the things which are subject to the fewest subordinate liens.

3. In like manner inversely to the number of subordinate liens upon the same thing; and,

4. When several things are within one of the foregoing classes, and subject to the same number of liens, resort must be had,--

a. To the things which have not been transferred since the prior lien was created.

b. To the things which have been so transferred without a valuable consideration; and,

c. To the things which have been so transferred for a valuable consideration.

Absentee Shawnee Civil Procedure Section 1717, AST CIV PRO Code Section 1717



Chapter Seventeen A. Liens
Section 1718. Persons Entitled to Redeem Lien

Every person having an interest in property subject to a lien, has a right to redeem it from the lien, at any time after the claim is due, and before his right of redemption is foreclosed.

Absentee Shawnee Civil Procedure Section 1718, AST CIV PRO Code Section 1718



Chapter Seventeen A. Liens
Section 1719. Holder of Inferior Lien--Redemption

One who has a lien, inferior to another upon the same property, has a right:

1. To redeem the property in the same manner as its owner might, from the superior lien; and,

2. To be subrogated to all the benefits of the superior lien when necessary for the protection of his interests, upon satisfying the claim secured thereby.

Absentee Shawnee Civil Procedure Section 1719, AST CIV PRO Code Section 1719



Chapter Seventeen A. Liens
Section 1720. Redemption--How Made

Redemption from a lien is made by performing, or offering to perform, the act for the performance of which it is a security, and paying, or offering to pay, the damages, if any, to which the holder of the lien is entitled for delay.

Absentee Shawnee Civil Procedure Section 1720, AST CIV PRO Code Section 1720



Chapter Seventeen A. Liens
Section 1721. Lien is an Accessory Obligation

A lien is to be deemed accessory to the act for the performance of which it is a security, whether any person is bound for such performance or not, and is extinguishable in like manner with any other accessory obligation.

Absentee Shawnee Civil Procedure Section 1721, AST CIV PRO Code Section 1721



Chapter Seventeen A. Liens
Section 1722. Sale or Conversion of Property Extinguishes Lien

The sale of any property on which there is a lien, in satisfaction of the claim secured thereby, or, in case of personal property, its wrongful conversion by the person holding the lien, extinguishes the lien thereon.

Absentee Shawnee Civil Procedure Section 1722, AST CIV PRO Code Section 1722



Chapter Seventeen A. Liens
Section 1723. Limitation of Time

A lien is extinguished by the mere lapse of the time within which, under the provisions of the Code of Civil Procedure, an action can be brought upon the principal obligation.

Absentee Shawnee Civil Procedure Section 1723, AST CIV PRO Code Section 1723



Chapter Seventeen A. Liens
Section 1724. Partial Performance as Extinguishing Lien

The partial performance of an act secured by a lien does not extinguish the lien upon any part of the property subject thereto, even if it is divisible.

Absentee Shawnee Civil Procedure Section 1724, AST CIV PRO Code Section 1724



Chapter Seventeen A. Liens
Section 1725. Voluntary Restoration as Extinguishing Lien

The voluntary restoration of property to its owner, by the holder of a lien thereon, dependent upon possession, extinguishes the lien as to such property, unless otherwise agreed by the parties, and extinguishes it, notwithstanding any such agreement, as to creditors of the owner and persons subsequently acquiring title to the property, or a lien thereon, in good faith and for a good consideration.

Absentee Shawnee Civil Procedure Section 1725, AST CIV PRO Code Section 1725



Chapter Seventeen A. Liens
Section 1726. Vender's Lien for Price of Realty

One who sells real property has a special or vender's lien thereon, independent of possession, for so much of the price as remains unpaid and unsecured, otherwise than by the personal obligation of the buyer, subject to the rights of purchasers and incumbrancers, in good faith, without notice.

Absentee Shawnee Civil Procedure Section 1726, AST CIV PRO Code Section 1726



Chapter Seventeen A. Liens
Section 1727. Waiver of Vendor's Lien

Where the buyer of real property gives to the seller a written contract for payment of all or part of the price, an absolute transfer of such contract by the seller, waives his lien to the extent of the sum payable under the contract, but a transfer of such contract in trust to pay debts, and return the surplus, is not a waiver of the lien.

Absentee Shawnee Civil Procedure Section 1727, AST CIV PRO Code Section 1727





 

Chapter Seventeen A. Liens
Section 1728. Validity of Liens of Vendors and Purchasers

The liens defined in Sections 1726 and 1729 of this chapter are valid against every one claiming under the debtor, except a purchaser or incumbrancer in good faith, and for value.

Absentee Shawnee Civil Procedure Section 1728, AST CIV PRO Code Section 1728



Chapter Seventeen A. Liens
Section 1729. Lien of Purchaser of Real Property

One who pays to the owner any part of the price of real property, under an agreement for the sale thereof, has a special lien upon the property, independent of possession, for such part of the amount paid as he may be entitled to recover back in case of a failure of consideration.

Absentee Shawnee Civil Procedure Section 1729, AST CIV PRO Code Section 1729



Chapter Seventeen A. Liens
Section 1730. Assignment of Liens

All claims for liens and rights of action to recover therefor hereunder shall be assignable so as to vest in the assignee all rights and remedies herein given, subject to all defenses thereto that might be made if such assignment had not been made. Where a statement has been filed and recorded as provided in Section 1731 of this title, such assignment may be made by an entry, on the same page of the mechanics' lien journal containing the record of the lien, signed by the claimant or his lawful representative, and attested by the Real Estate Office; or such assignment may be made by a separate instrument in writing.

Absentee Shawnee Civil Procedure Section 1730, AST CIV PRO Code Section 1730



Chapter Seventeen A. Liens
Section 1731. Statement to be Filed

Any person claiming a lien as aforesaid shall file in the Real Estate Office of the Absentee Shawnee Tribe in which the land is situated a statement setting forth the amount claimed and the items thereof as nearly as practicable, the names of the owner, the contractor, the claimant, and a legal description of the property subject to the lien verified by affidavit. Such statement shall be filed within four (4) months after the date upon which material was last furnished or labor last performed under contract as aforesaid; and if the claim be for the planting of any trees, vines, plants, or hedge, such statement shall be filed within four (4) months from such planting. Immediately upon the receipt of such statement the Real Estate Office shall enter a record of the same against the tract index and in a book kept for that purpose, to be called the mechanics' lien journal, which shall be ruled off into separate columns, with headings as follows: “When filed,” “Name of owner,” “Name of Claimant,” “Amount claimed,” “Legal description of property,” and “Remarks,” and the Real Estate Office shall make the proper entry in each column.

Absentee Shawnee Civil Procedure Section 1731, AST CIV PRO Code Section 1731

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