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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Civil Procedure
Chapter Nineteen. Foreclosure

Section 1901. Foreclosure Procedure

Any action seeking the foreclosure of a mortgage properly issued and recorded under the laws of the Absentee Shawnee Tribe of Oklahoma shall proceed as a civil action under said laws and be governed thereby. Any party filing a foreclosure action hereinunder waives any objection to the jurisdiction of the Absentee Shawnee Tribal Court and is deemed to have fully submitted themselves to said jurisdiction for any and all costs, counter claims or other causes of action arising out of the foreclosure procedures, including any subsequent eviction action, or other action required to put said party in possession of the lease which is the subject of the foreclosure action. The jurisdiction over the party seeking foreclosure shall continue for so long as said party shall have the ownership of the lease in question and shall apply to all tenants holding under such ownership. After the award of judgment in a foreclosure action, any and all further remedies and action are limited to actions taken by the U.S. Department of Housing and Urban Development, hereinafter referred to as HUD.

Absentee Shawnee Civil Procedure Section 1901, AST CIV PRO Code Section 1901



Section 1902. Costs and Attorney Fees

All costs and reasonable attorney fees of the prevailing party in a foreclosure action shall be taxed against the other party thereto.

Absentee Shawnee Civil Procedure Section 1902, AST CIV PRO Code Section 1902



Section 1903. Sale of Leasehold

No sale of the lease hold secured by HUD shall be made until a judgment in a foreclosure action has been entered on the record for a period of thirty (30) days.

Absentee Shawnee Civil Procedure Section 1903, AST CIV PRO Code Section 1903



Section 1904. Eviction

Upon application and after the judgment in a foreclosure in favor of the mortgagee has become final, HUD may apply to the court for an order immediately removing the mortgagor or any other person residing on the property subject to the foreclosure, along with their personal belongings therefrom. The order may, at the discretion of the court also contain therein a writ of assistance requiring the Tribal police to use whatever force and resources necessary to remove any person residing on the said property.

Absentee Shawnee Civil Procedure Section 1904, AST CIV PRO Code Section 1904



Section 1905. Costs of Removal

Any and all costs incurred in the forcible removal of persons and property under Section 1904 shall be paid by the party seeking such assistance, to include labor, damages to Tribal officers and/or equipment, and all other costs of any kind. Such costs are to be in accordance with the actual cost incurred by the Tribe and will be credited to the account of the particular office involved. The party seeking the removal hereunder shall have the option of providing their own labor and equipment for the removal procedures, which shall take place under the control of the Tribal Police.

Absentee Shawnee Civil Procedure Section 1905, AST CIV PRO Code Section 1905



Section 1906. Eviction Complete When

The eviction shall be deemed complete when the persons and personal property sought to be removed have been transported to the outer boundaries of the lease in question.

Absentee Shawnee Civil Procedure Section 1906, AST CIV PRO Code Section 1906



Section 1907. Sale of Leasehold Under Foreclosure Procedures

A. Lands and tenements taken on execution shall not be sold unless the party causing the execution to be issued:

1. Causes a written notice of sale executed by the chief law enforcement officer containing the legal description of the property to be sold and stating the date, time and place where the property will be sold to be mailed, by first class mail, postage prepaid, to the judgment debtor, any holder of interest of record in the property to be sold whose interest is sought to be extinguished, and all other persons of whom the party causing the execution to be issued has notice who claim a lien or any interest in the property whose interest is sought to be extinguished, at least ten (10) days prior to the date of the sale, if the names and addresses of such persons are known; and

2. Causes public notice of the date, time and place of sale to be given by publication for two (2) successive weeks in a newspaper published in the jurisdiction in which the property to be sold is situated, or in case no newspaper is published in such jurisdiction, then in a newspaper of general circulation therein and by putting up an advertisement upon the Tribal courthouse door and in five (5) other public places in such jurisdiction, two (2) of which shall be in the jurisdiction where such lands and tenements lie. Notice shall be executed by the Tribal Realty Department and state the name of any person having an interest in the property to be sold whose interest is sought to be extinguished and whose actual address is unknown, and shall designate the person or persons whose unknown successors are being notified; and

3. Files in the case an affidavit of proof of mailing and of publication or posting.

B. A written notice of sale executed prior to the effective date by the party causing the execution to be issued but otherwise conforming to the provisions of this section shall, for all purposes, be deemed valid.

C. Such sale shall not be held less than thirty (30) days after the date of first publication of the notice required in paragraph 2 of subsection A of this section. If purchaser other than the party causing the execution to be issued, when required by the chief law enforcement officer, fails to post cash or certified funds equal to ten percent (10%) of the amount bid for the property within twenty-four (24) hours of the sale, excluding Sundays and legal holidays, or otherwise fails to complete the sale, the chief law enforcement officer may accept the highest bid. Except as otherwise provided for in subsection B of this section, sales for which the provisions of subsection A of this section have not been complied with shall be set aside on motion by the court to which the execution is returnable.

Absentee Shawnee Civil Procedure Section 1907, AST CIV PRO Code Section 1907



Section 1908. Sale Restrictions

The bidders in a sale under Section 1907 shall be limited to members of the Absentee Shawnee Tribe of Oklahoma, HUD, and any other persons or agencies which are authorized to hold leases on Restricted lands, including but not limited to the Absentee Shawnee Tribe of Oklahoma.

Absentee Shawnee Civil Procedure Section 1908, AST CIV PRO Code Section 1908



Section 1909. Approval of Purchaser

No sale subsequent to a foreclosure action shall be valid and effective until approved by the Absentee Shawnee Tribe of Oklahoma and the Secretary of the Interior and confirmed by the Court. Upon such approval and the payment of the proceeds of the sale, title of the lease shall be vested in the purchaser.

Absentee Shawnee Civil Procedure Section 1909, AST CIV PRO Code Section 1909



Section 1910. Use of Leasehold Property After Possession

After the leasehold is in actual possession of HUD, and prior to the sale thereof HUD may, with the approval of the Absentee Shawnee Tribe of Oklahoma, enter into a rental agreement with a member of the Absentee Shawnee Tribe for the leasehold. All proceeds from such rental agreement shall be applied to the judgment of foreclosure.

Absentee Shawnee Civil Procedure Section 1910, AST CIV PRO Code Section 1910

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