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to Table of Contents Mille
Lacs Band Statutes Annotated
Amendments received through: August 29, 2003 TITLE 21 - REAL AND PERSONAL PROPERTY
CHAPTER 1 GENERAL PROVISIONS Section 1. Findings and determinations. 2. Reservation of right of amendment. 3. Jurisdiction for the court of central jurisdiction. 4. Magistrate jurisdiction. 5. Transfers and changes of venue. 6. Fees. 7. Non-Removable Mille Lacs Band of Chippewa Indians may be made defendant in certain cases. Historical and Statutory Notes The Preamble to Band Statute 1087-MCL-40 provides: "It is enacted, a code for the provision of legal remedies for the recovery of real and personal property unlawfully held by person subject to the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians when said property is located on territories under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians." Band Statute 1087-MLC-40, § 64 provides: "Section 64. Severability. If any provisions of this Band Statute, or the application thereof, to any person, business or corporation or circumstance is held invalid, the invalidity shall not affect any other provision or applications of this Band Statute which can be given effect without the invalid provisions, or application and to this end the provisions of this Band Statute are declared severable."
Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § I. § 2. Reservation of right of amendment
The Band Assembly hereby fully reserves the right to alter, amend or
repeal the provisions of this title, and all rights and privileges granted
or extended hereunder, shall be subject to such reserved right. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 65.
The Court of Central Jurisdiction is hereby conferred exclusive subject matter jurisdiction to resolve disputes over the possession of property, real or otherwise, held by an enrolled member of any constituent Band of the Non-Removable Mille Lacs Band of Chippewa Indians, any Indian from any other Band or Tribe or any person, through marriage or otherwise, who resides on lands under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 2. Cross References Subject matter jurisdiction, Court of Central Jurisdiction, see 5 MLBSA §111. The Associate Justices of the Court of Central Jurisdiction shall have original and exclusive jurisdiction over civil causes of action arising in their Districts pursuant to chapters 1, 2 and 4 to 6 of this title. They shall perform their duties pursuant to chapters 1, 2 and 4 to 6 of this title under the title of Magistrate. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 2.02. Cross References Subject matter jurisdiction, Court of General Jurisdiction, see 5 MLBSA § 111. § 5. Transfers and changes of venue The Court of Central Jurisdiction shall accept all changes of venue and transfers from any other court of competent jurisdiction in any state on the island of the United States of America, if it involves property located on lands under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 2.03.
The Court shall have the power to establish reasonable fees for the costs of services for legal remedies for possession of property. Such fees may be reduced or waived in cases of undue hardships, in which event they shall become a charge to the Court. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 2.01. §7. Non-Removable Mille Lacs Band of Chippewa Indians may be made defendant in certain cases In all cases not otherwise provided for, the consent of the Non-Removable Mille Lacs Band of Chippewa Indians is given to be named a party in any suit which is now pending or which may hereafter be brought in the Court of Central Jurisdiction having jurisdiction of the subject matter, to quiet title to or for the foreclosure of a mortgage or other lien upon real estate or personal property, for the purpose of securing an adjudication touching any mortgage, or other lien the Non-Removable Mille Lacs Band of Chippewa Indians may have or claim on the real estate or personal property involved, or to determine the boundary line between any real property of the Band and real property contiguous thereto; provided, that this shall not be deemed to supersede any express provision of law relating to action to which the Band may be made a party, nor to relieve any person from complying with any requirement of such laws. Historical and Statutory Notes Source: Band Statute 1087-MLC-43, § 59. Cross References Liberal construction of this section, see 21 MLBSA § 404.
CHAPTER 2 LAND CONSOLIDATION Section
103. Escheat. 104. Federal law and regulations. § 101. Nonmembers and non-Indians prohibited from receiving interests in trust or restricted lands Pursuant to the authority vested in the Non-Removable Mille Lacs Band of Chippewa Indians by the Indians Land Consolidation Act, 25 United States Code, 220 1 , et seq., 1 983 , the Commissioner of Natural Resources is hereby authorized and directed to prepare a plan, subject to the approval of the Secretary of Interior and ratified by the Band Assembly, to ensure that nonmembers or non-Indians of any constituent Band of the Non-Removable Mille Lacs Band of Chippewa Indians, shall not receive or be entitled to receive by devise or descent any interest of an enrolled member of any constituent Band of the Non-Removable Mille Lacs Band of Chippewa Indians on any lands located within the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians. Notwithstanding any other provision of any other law, it shall be unlawful for any non-member or non-Indian of any constituent Band of the Non-Removable Mille Lacs Band of Chippewa Indians to receive or be entitled to receive any interest in trust or restricted lands within the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians. Historical and Statutory Notes Source: Band Statute 1087-MLC-44, § 67. Any enrolled member of the Non-Removable Mille Lacs Band of Chippewa Indians who dies intestate leaving a surviving spouse and/or children who are nonmembers of any constituent Band of the Non-Removable Mille Lacs Band of Chippewa Indians, or who are non-Indians, the surviving spouse or children shall be entitled to life-time estate on the trust or restricted property of the decedent Band member in lieu of the restriction imposed in 21 MLBSA § 101 provided, that any said surviving spouse or children not be excluded or removed from said lands for cause after hearing pursuant to 2 MLBSA § 201 [Digitizer's note: Section not in digital copy] et seq. Historical and Statutory Notes Source: Band Statute 1087-MLC-44, § 67.01. § 103. Escheat In the event of death of an enrolled member of any constituent member Band of the Non-Removable Mille Lacs Band of Chippewa Indians, with said death be intestate and without a legitimate heir to whom interests in trust or restricted lands may pass, all such interests shall escheat to the Non-Removable Mille Lacs Band of Chippewa Indians subject to:
Historical and Statutory Notes Source: Band Statute 1087-MLC-44, § 67.02.
The provisions of Title II of Public Law 97-459, 96 Stat. 2515 as amended by Public Law 98-608, 98 Stat. 3171, as well as any and all implementing regulations promulgated by the Secretary of Interior and published in the Federal Register shall apply as law of the Non-Removable Mille Lacs Band of Chippewa Indians in the same manner as if such had been enacted into law pursuant to 3 MLBSA § 16. The justices of the Court of Central Jurisdiction shall have exclusive jurisdiction in matter related to this chapter and each shall be bound thereby to the applicable provisions of the laws of the United States of America. 125 U.S.C.A. § 2201 et seq. Historical and Statutory Notes Source: Band Statute 1087-MLC-44, § 67.03.
CHAPTER
3 EASEMENTS AND LEASES Section 201. Validity of easements. 202. Easements over individual trust land. 203. Authority of Commissioner of Natural Resources. 204. Application for easement. 205. Unauthorized easements; penalty. 206. Trespass. 207. Seizure of vehicles, equipment or goods used in trespass. 208. Leases of restricted lands under the Jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians. Historical and Statutory Notes The Preamble to 1098-MLC-48 provides:"The Band Assembly hereby creates Chapter 48 of the Statutes of the Non-Removable Mille Lacs Band of Chippewa Indians for the purpose of exercising jurisdiction over the use of all lands owned in fee or trust status and all trust lands to which the Band is designated as a legal beneficiary of a trust relationship between the Band and the United States of America." All easements of records over trust land, on trust land and under trust land within the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians shall have no validity or force of law unless approved upon the recommendation of the Chief Executive, ratified pursuant to formal resolution by the Band Assembly and approved and filed by the U.S. Department of Interior, Bureau of Indian Affairs. All existing easements are hereby declared null and void unless entered into in compliance with Federal Statute and Regulation. Historical and Statutory Notes Source: Band Statute 1098-MLC-48, § 1. § 202. Easements over individual trust land
The provisions of this chapter shall not be construed as applicable
for obtaining easements over individual trust land. Historical and Statutory Notes Source: Band Statute 1098-MLC-48, § 1.01.
The Commissioner of Natural Resources is hereby authorized and directed to review each parcel of land under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians to determine the validity of all easements of record. Should he determine any easement to be invalid, he shall notify in writing the holder of the easement of said invalidity and the United States Department of Interior-Bureau of Indians Affairs for appropriate action pursuant to federal law. Historical and Statutory Notes Source: Band Statute 1098-MLC-48, § 2. § 204. Application for easement All persons who reside on or hold leases to trust or restricted property under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians shall be authorized to initiate action which will result in the issuance of a valid easement for purposes of obtaining public utility services including electrical service, telephone service, and water and sewer service. Upon obtaining the consent of the lessee, all requests for easements shall be forwarded to the Commissioner of Natural Resources who shall make a determination of the issues and make his recommendation for acceptance or rejection to the Chief Executive. Upon the authorization of the Chief Executive, he shall forward said application for easement to the District Representative of the Band Assembly in which the land is located for formal acceptance or rejection of the easement by the Band Assembly. In the event the Band Assembly consents to grant the easement, the easement shall be forwarded to the Superintendent of the Minnesota Agency-Bureau of Indian Affairs for proper action pursuant to federal law. In the event that the Band Assembly rejects said easement, the Solicitor General shall notify the lessee of said action and the right of the lessee to a hearing before the Band Assembly to contest the rejection. Any lessee who seeks to appeal the decision of the Band Assembly shall petition the Speaker of the Assembly within ten days after formal action or forfeit all rights to appeal. The decision of the Band Assembly may be appealed to the Court of Central Jurisdiction but any such appeal must be instituted within five days after the decision of the Band Assembly is rendered or the right of appeal to the Court shall be forfeited. Historical and Statutory Notes Source: Band Statute 1098-MLC-48, § 2.01. § 205. Unauthorized easements; penalty Any holder of a valid lease of trust or restricted property or any person who resides or intends to reside on trust or restricted property under the jurisdiction of the Non-Removable Mille Lacs Bank of Chippewa Indians, who shall offer or authorize through signature any easement in violation of 21 MLBSA § 204 to any other person or entity shall be deemed guilty of an unauthorized easement on trust land violation and upon conviction thereof, shall be sentenced to pay a fine not to exceed five hundred dollars. Historical and Statutory Notes Source: Band Statute 1098-MLC-48, § 2.02. § 206. Trespass Any person who shall go upon or pass over any trust or restricted lands under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians in violation of any provisions of this or any other law of the Mille Lacs Band of Chippewa Indians shall be deemed guilty of a trespass violation and upon conviction thereof, shall be subject to exclusion for a period not to exceed 180 days and/or a fine not to exceed five hundred dollars. Historical
and Statutory Notes
Source: Band Statute 1098-MLC-48, § 2.03. Cross References Exclusion, see 2 MLBSA § 201 [Digitizer's note: Section not in digital copy] et seq. § 207. Seizure of vehicles, equipment or goods used in trespass The Commissioner of Natural Resources or any law enforcement official of the Band at the time the trespass occurs shall be authorized to seize any motorized vehicles, equipment and material goods, used in connection with the trespass in the name of the Band to be returned at the discretion of the Court at any time during the judicial proceeding. Historical and Statutory Notes Source: Band Statute 1098-MLC-48, § 2.04. Cross References Unreasonable searches and seizures, see 1 MLBSA § 2. § 208. Leases of restricted lands under the Jurisdiction of the Removable Mille Lacs Band of Chippewa Indians Leases of trust or restricted lands under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians or from Band member employees of the Mille Lacs Band must be made on sealed bids unless the Chief Executive upon ratification by the Band Assembly waives this requirement on the basis of a full report showing: the need for the transaction, the benefits accruing to both parties and that the consideration for the proposed transaction shall be not less than the appraised value of the lands or leasehold interest unless the Indian employee qualifies and is intending a transaction in accordance with this chapter. An affidavit as follows shall accompany each proposed land transaction: I, (name), (title), swear (or affirm) that I have not exercised any undue influence nor used any special knowledge received by reason of my office in obtaining the (grantor's, purchaser's, vendor's) consent to the instant transaction. Historical and Statutory Notes Source:
Band Statute 1098-MLC-48, § 3. Cross References Water conservation measures, building permits for leased lands, see Nat. Res. Comm. Order 112-89.
CHAPTER 4 FORCIBLE ENTRY AND UNLAWFUL DETAINER
SUBCHAPTER I GENERAL PROVISIONS
Cross References Dissolution or modification of unlawfully ousted tenant's order for possession, see 21 MLBSA § 349. § 301. Recovery of premises
Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 6. Cross References Additional remedy for tenants, see 21 MLBSA § 341. § 302. Limitation of actions
No restitution shall be made under this chapter of any lands or tenements
of which the part complained of, or his ancestor, or those under whom
he hold the premises, have been in quiet possession for three years
next before the filing of the complaint, after the determination of
the leasehold estate that he may have had therein. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 6.03. § 303. Complaint and summons The person complaining shall file a complaint with a Magistrate describing the premises of which possession is claimed, stating the facts which authorize the recovery and praying for restitution thereof. The Magistrate shall thereupon issue a summons, commanding the person against whom such complaint is made to appear before him on a day and at a place in such summons named, which shall not be less than three, nor more than ten days from the day of issuing the same. A copy of the complaint shall be attached to the summons, which shall state that it is so attached and that the original has been filed. All summons shall be served in accordance with 24 MLBSA § 2001 et seq. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 6.04. § 304. Answer and hearing After
the return of the summons at the time and place appointed therein, if
the defendant appeared, he may answer the complaint and all matters
in excuse, justification or avoidance of the allegations thereof, shall
be set up in the answer and thereupon, the Magistrate shall hear and
determine the action, unless he shall adjourn the trial as provided
in 21 MLBSA § 305, but either party may demand
a trial by jury. The proceedings in such action shall be the same as
in other civil actions in a Magistrate's Court, except as in this chapter,
otherwise provided. Historical and Statutory Notes
Source: Band Statute 1087-MLC-40, § 6.05. The Magistrate, in his discretion, may adjourn the trial, but not beyond six days after the return day, unless by consent of parties; but in all cases mentioned in 21 MLBSA § 301, except in an action upon a written lease signed by both parties thereto, if the defendant, his agent or attorney shall make oath that he cannot safely proceed to trial for want of a material witness, naming him and that he has made due exertion to obtain the witness and believes that, if such adjournment be allowed, he will be able to procure the attendance of such witness at the trial or his deposition and shall give bond conditioned to pay to the plaintiff all rent which may accrue during the pendency of the action and all costs and damages consequent upon such adjournment, the Magistrate shall adjourn the trial for such time as may appear necessary, not exceeding three months. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 6.06. § 306. Judgment, execution and writ of restitution
Historical and Statutory Notes Source: Band Statute 1087-MLC-40, §§ 6.07, 6.10. Cross References Petition, unlawful removal or exclusion of tenant, see 21 MLBSA §345. § 307. Failure to reach a verdict If the jury cannot agree upon a verdict, the Magistrate may discharge them, and issue a venire, returnable forthwith, or at some other time agreed upon by the parties or fixed by the justice for the purpose of impaneling a new jury. Historical and Statutory Notes Source:
Band Statute 1087-MLC-40, § 6.08. If the party against whom judgment for restitution is rendered or his attorney state to the Magistrate that he intends to take an appeal, a writ of restitution shall not issue for 72 hours after judgment. In an action on a lease, against a tenant holding over after the expiration of the term thereof, or a termination thereof, by a notice to quit, such writ may issue forthwith notwithstanding such notice of appeal, if the plaintiff give a bond conditioned to pay all costs and damages in case on the appeal the judgment of restitution be reversed and a new trial ordered. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 6.09. § 309. Appeals If
either party feels aggrieved by the judgment he may appeal within ten
days as in other cases triable before Magistrates except that if the
party appealing remains in possession of the premises, his bond shall
be conditioned to pay all costs of such appeal and abide the order the
Court may make therein and pay all rents and other damages justly accruing
to the part excluded from possession during the pendency of the appeal.
Upon the taking of such appeal all further proceedings in the case shall
be stayed, except that in an action on a lease against a tenant holding
over after the expiration of the term thereof, or termination thereof,
by notice to quit, if the plaintiff give bond as provided in 21
MLBSA § 308, a writ of restitution shall issue as if no appeal
had been taken and the appellate court shall thereafter issue all needful
writs and processes to carry out any judgment which may be rendered
in such court. Historical and Statutory Notes
Source: Band Statute 1087-MLC-40, § 6.10. The verdict of the jury or the finding of the Court in favor of the Plaintiff in an action under this Chapter shall be substantially in the following form:
Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 6.11. § 311. Form of summons and writ of restitution The summons and writ of restitution may be substantially in the following form: Non-Removable
Mille Lacs Band of Chippewa Indians ) ss. Dated at ____, this _____ day of ___ 19 ______. __________________ Magistrate [FORM OF WRIT OF RESTITUTION] Non-Removable Mille Lacs Band of Chippewa Indians ) Ss The Non-Removable Mille Lacs Band of Chippewa Indians to any law enforcement officer of the Band aforesaid: Whereas, _____, Plaintiff, of _____, in an action for an unlawful or forcible entry and detainer (or for an unlawful detainer, as the case may be) at a Court held at ______, in the District aforesaid, on the _____ day of _____, 19 _____, before ______, a Magistrate in and for said District, by the consideration of the Court recovered a judgment against _______, of ______, to have restitution of (here described the premises as in the complaint). Therefore, you are hereby commanded that, taking with you the force of the District, if necessary, you cause the said _____ to be immediately removed from the aforesaid premises and the said _____ to have peaceable restitution of the same. You are also hereby commanded that of the goods and chattel of the said _____ with said District you cause to be levied, and the same being disposed of according to law, to be paid to the said _____ the sum of _____ dollars, being the costs taxed against the said _____ for the said _____ at the Court aforesaid together with $1.00 for this writ; and thereof, together with this writ, make due return within thirty days from the date hereof, according to law. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, §§ 6.12, 6.13. § 312. Execution of writ of restitution The
officer holding the writ of restitution shall execute the same by making
a demand upon defendant if he can be found in the District or any adult
member of his family holding possession of the premises, or other person
in charge thereof, for the possession of the same and that the defendant
remove himself, his family and all of his personal property from such
premises within 24 hours after such demand. If defendant fail to comply
with the demand, then the officer shall take with him necessary, the
force of the District and whatever assistance may be necessary, at the
cost of the complainant, remove the said defendant, his family and all
his personal property from said premises detained, immediately and place
the plaintiff in the possession thereof. In case defendant cannot be
found in the District, and there is no person in charge of the premises
detained, so that no demand can be made upon the defendant, then the
officer shall enter into the possession of the premises, breaking in
if necessary and remove all property of the defendant at the expense
of the plaintiff. The plaintiff shall have a lien upon all of the goods
upon the premises for the reasonable costs and expenses incurred for
removing the personal property and for the proper caring and storing
the same and the costs of transportation of the same to some suitable
place of storage, in case defendant shall fail or refuse to make immediate
payment for all the expenses of such removal from the premises and plaintiff
shall have the right to enforce such lien by detaining the same until
paid, and in case of non-payment for 60 days after the execution of
the writ, shall have the right to enforce his lien and foreclose the
same by public sale as provided for in case of sales. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 6.14. Cross References
Additional remedy for tenants, see 21 MLBSA § 341.
UNLAWFUL
REMOVAL OR EXCLUSION: RECOVERY OF POSSESSION The
purpose of this subchapter is to provide an additional and summary remedy
for tenants unlawfully removed or excluded from rental property and
except as where expressly provided in this subchapter 21
MLBSA §301 or 312 shall not apply to proceedings
under this subchapter. Historical and Statutory Notes Source:
Band Statute 1087-MLC-40, § 11. The provisions
of this subchapter shall apply only to tenants as that term is defined
in 21 MLBSA § 372(e) and buildings as that terms
is defined in 21 MLBSA § 372(a). Historical and Statutory Notes Source:
Band Statute 1087-MLC-40, § 12. Any provision,
whether oral or written, of any lease or other agreement whereby any
provision of this subchapter is waived by a tenant is contrary to public
policy and void. Historical and Statutory Notes Source:
Band Statute 1087-MLC-40, § 10. Any tenant
who is unlawfully removed or excluded from lands or tenements which
are demised or let to him may recover possession of the premises in
the manner described in this subchapter. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 7.The tenant
shall present a verified petition to the Court of Central Jurisdiction
in which the premises are located, which petition shall:
Historical and Statutory Notes Source: Band Statute 1087-MLC-40, §7.01. § 346. Order If it clearly appears from the specific grounds and facts stated in the verified petition or by separate affidavit of petitioner or his counsel or agent that the removal or exclusion was unlawful, the Court shall immediately order that petitioner have possession of the premises. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 7.02. § 347. Security for costs and damages The petitioner shall furnish monetary or other security if any as the Court deems appropriate under the circumstances for payment of all costs and damages the defendant may sustain if the order is subsequently found to have been obtained wrongfully. In determining the appropriateness of any security the Court shall consider petitioner's ability to afford monetary security. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 7.03. § 348. Execution of order The Court shall direct the order to the chief law enforcement officer in which the premises is located and the chief law enforcement officer shall execute the order immediately by making a demand upon the defendant, if he can be found, or his agent or other person in charge of the premises, for possession of premises. If the defendant fails to comply with the demand, the officer shall take with him whatever assistance may be necessary and immediately place the petitioner in possession of the premises. If the defendant or his agent or other person in control of the premises cannot be found and if there is no person in charge of the premises detained so that no demand can be made, the officer shall immediately enter into possession of the premises and place the petitioner in possession of the premises. The officer shall also serve the order and verified petition or affidavit without delay upon the defendant or upon his agent, in the same manner as a summons is required to be served in a civil action in the Court of Central Jurisdiction. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 7.04. § 349. Dissolution or modification of order The defendant by written motion and notice served by mail or personally upon petitioner or his attorney at least two days prior to the hearing date on the motion may obtain dissolution or modification of the order for possession, issued pursuant to 21 MLBSA § 346 unless the petitioner proves the facts and grounds upon which the writ is issued. A defendant bringing a motion pursuant to this section may recover possession of the premises only in accordance with 21 MLBSA § 301 et seq. or otherwise provided by law. Upon the dissolution of the order, the Court shall tax costs to petitioner, subject to the provisions of 21 MLBSA § 306 and may allow damages and reasonable attorney's fees for the wrongful granting of the order for possession. If the order is affirmed the Court shall tax costs against defendant and may allow petitioner reasonable attorney's fees. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 8. § 350. Appeal of order for recovery An order issued under 21 MLBSA § 346 or affirmed, modified or dissolved under 21 MLBSA § 349 is a final order for purposes of appeal and either party aggrieved by the order may appeal within ten days after the entry of the order. If the party appealing remains in possession of the premises, his bond shall be conditioned to pay all costs of the appeal, to abide by the order the Court may make and to pay all rent and other damages justly accruing to the party excluded from possession during the pendency of the appeal. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, §9.
SUBCHAPTER III ADDITIONAL REMEDIES
Historical and Statutory Notes Source:
Band Statute 1087-MLC-40, § 15.
Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 16. § 373. Proceedings by owner limited A tenant may not be evicted nor may his obligations under his rental agreement be increased nor the services decreased, if the eviction or increase of obligations or decrease of services is intended as a penalty for the tenant's complaint of a violation. The burden of proving otherwise shall be on the owner if said eviction or increase of obligations or decrease of services occurs within ninety days after the filing of the complaint, unless it is found that the complaint was not made in good faith. After ninety days the burden of proof shall be on the tenant. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 14. § 374. Owner's right to collect rent suspended When the Court appoints the Secretary of Treasury as an administrator, any right of the owner to rent moneys from the time of judgment or service of judgment shall be void and unenforceable until the administration is terminated by the Court. Historical and Statutory Notes Source: Band Statute 1087-MLC-40, § 13.
CHAPTER 5
REAL ESTATE MORTGAGES
SUBCHAPTER I GENERAL PROVISIONS Section § 401. Pledge of allotted lands as collateral
Historical and Statutory Notes Source: Band Statute 1087-MLC-44, § 66. § 402. Relinquishment of title to residence Any person who shall enter into a contractual arrangement for the provision of a residence on lands under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians who shall become delinquent in their housing payments for more than two months shall have no authority to relinquish title to their residence in favor of any creditor by entering into any rental option agreement without first having his mortgage foreclosed pursuant to 21 MLBSA §§ 431 et seq. and 461 et seq. The redemption period found in 21 MLBSA § 484 shall be utilized for an opportunity for the home-buyer to recover his residence lost to foreclosure. Any holder of said title to a foreclosed mortgage shall show cause as to why said home-buyer should not have first option to redeem through a six month rent with option to buy contract. Any rents collected pursuant to said agreement shall be utilized to apply to any original principal and interest balance, with attorney fees awarded by the Court, provided the original home-buyer is granted a rent with option contract. In such an event, home-repairs shall be the responsibility of the person who possessed title to the house prior to foreclosure action. Historical and Statutory Notes Source: Band Statute 1087-MLC-44, § 63. § 403. Minnesota Chippewa Tribal Housing Corporation contracts; validity of mortgages Any person who shall enter into a contractual arrangement with the Minnesota Chippewa Tribal Housing Corporation for the provisions of a residence to which a mortgage was issued within the previous fifteen years, it is hereby declared by the Band Assembly that all such mortgage documents shall be deemed valid mortgages by the Court of Central Jurisdiction, but subject to provisions found in this chapter. Historical and Statutory Notes Source: Band Statute 1087-MLC-44, § 63.01. 21 MLBSA §§ 7 and 404 to 406 shall be liberally construed for the purpose of ascertaining marketability of title as between vendor and purchaser. Historical and Statutory Notes Source: Band Statute 1087-MLC-43, § 62. § 405. Presumption of identity The presumption of identity arising from identity or substantial identity of names of a grantee and of a succeeding grantor in a chain of title, shall extend to those cases where in one instrument the party is designated by initials which correspond with the name appearing in another instrument with the exception of the use of Indian names. Historical and Statutory Notes Source: Band Statute 1087-MLC-43, § 61. § 406. Limitation on foreclosure
No action or proceeding to foreclosure a real estate mortgage executed
prior to January 31, 1975, shall be maintained after May 31, 1985, unless
prior to said date the owner of said mortgage shall have filed in the
office of the Clerk of Court, in which is located the real estate covered
thereby, a notice setting forth the name of the claimant, and description
of said real estate and of said mortgage including the volume and page
at which it is of record and a statement of the amount claimed to be
due thereon. Such notices may be discharged in the same manner as notices
of lis pendens, and so discharged, shall together with all information
included therein, cease to constitute either actual or constructive
notice. Historical and Statutory Notes Source: Band Statute 1087-MLC-43, § 60. § 407. Holder of junior mortgage may pay default in prior mortgage Any person who has a mortgage lien upon any land against which there exists a prior mortgage may pay any taxes or assessments on which any penalty would otherwise accrue, and may pay the premium upon any policy of insurance procured in renewal of any expiring policy upon mortgaged premises, and may in case any interest upon any prior or superior lien is in default, or any part of the principal shall become due, or amortized installment which may be in default upon any such prior lien, pay the same, and all such sums so paid shall become due upon such payment and be a part of the debt secured by such junior mortgage, shall bear interest from date of payment at the same rate as the indebtedness secured by such prior lien, and shall be collectible with, as a part of, and in the same manner as the amount secured by such junior mortgage. Such payments shall be proved by the affidavit of the junior mortgagee, his agent or attorney, stating the items and describing the premises, and a copy must be filed for record with the clerk of court. Historical and Statutory Notes Source: Band Statute 1087-MLC-42, § 55. § 408. Reinstatement of mortgage In any proceedings for the foreclosure of a real estate mortgage, whether by action or by advertisement, if at any time before the sale of the premises under such foreclosure the mortgagor, the owner, or any holder of any subsequent encumbrance or lien, or any one of them, shall pay or cause to be paid to the holder of the mortgage so being foreclosed, or to the attorney foreclosing the same, or to the chief law enforcement officer, the amount actually due thereon and constituting the default actually existing in the conditions of the mortgage at the time of the commencement of the foreclosure proceedings, including insurance, delinquent taxes, if any, upon the premises, interest to date of payment, cost of publication and services of process or notices, attorney's fees not exceeding one hundred fifty dollars or one-half of the attorney's fees authorized by 21 MLBSA § 410, whichever is greater, together with other lawful disbursement necessarily incurred in connection with the proceedings by the party foreclosing, then and in the event the mortgage shall be fully reinstated and further proceedings in such foreclosure shall be thereupon abandoned. Historical and Statutory Notes Source: Band Statute 1087-MLC-42, § 56. § 409. Purchaser at foreclosure, execution, or judicial sale may pay taxes, assessments, insurance premiums or interest The purchaser at any sale, upon foreclosure of mortgage or execution or at any judicial sale during the year of redemption, may in case any interest or installment of principal upon any prior or superior mortgage is in default or shall become due during such year of redemption, pay the same, and in all such cases, the sum so paid with interest, shall be a part of the sum required to be paid to redeem from such sale. Such payments shall be proved by the affidavit of the purchaser, his agent or attorney, stating the items and describing the premises, which must be filed for record with the clerk of court and a copy thereof shall be furnished to the chief law enforcement officer at least ten days before the expiration of the year of redemption. Historical and Statutory Notes Source: Band Statute 1087-MLC-43, § 58. § 410. Attorney's fees
Historical and Statutory Notes Source: Band Statute 1087-MLC-43, § 57. SUBCHAPTER II FORECLOSURE BY ACTION
Section Cross References Relinquishment of title to residence, see 21 MLBSA § 402. Actions for the foreclosure of mortgages on any residential property and land, shall' be governed by the same rules and provisions of Band Statute as civil action, except as in this subchapter otherwise provides. Historical and Statutory Notes Source: Band Statute 1087-MLC-41, § 17. § 432. Foreclosure for installment: dismissal, stay When an action is brought for the foreclosure of the mortgage on which there is due any interest, or any portion of the principal and there are other portions to become due subsequently the action shall be dismissed, upon the defendant bringing into Court, at any time before the judgment of sale, the principal and interest due, with costs. If, after such judgment of sale, the defendant brings into Court the principal and interest due, with costs, the action shall be stayed; but the Court shall enter judgment of foreclosure and sale, to be enforced by a further order upon a subsequent default in the payment of any portion of the principal or of interest thereafter to become due. Historical and Statutory Notes Source: Band Statute 1087-MLC-41, § 21. § 433. Judgment Judgment shall be entered, under the direction of the Court, adjudging the amount due, with costs and disbursements, and the sale of the mortgaged premises, or some part thereof, to satisfy such amount, and directing the Chief Law Enforcement Officer to proceed to sell the same according to the provisions of law relating to the sale of real estate on execution, and to make report to the Court. A certified transcript of the judgment shall be delivered to the Chief Law Enforcement Officer and shall be his authority for making a sale. Historical and Statutory Notes Source: Band Statute 1087-MLC-41, § 18. § 434. Strict foreclosure Judgment for the strict foreclosure of a mortgage may be given when such remedy is just or appropriate, but in such case no final decree or foreclosure shall be rendered until the lapse of one year after the judgment adjudging the amount due on such mortgage. Historical and Statutory Notes Source: Band Statute 1087-MLC-41, § 26. § 435. Purchase by mortgagee The mortgagee, or any one claiming under him, may fairly and in good faith bid off the premises at such sale; and in such case the statement of such fact in the report of sale shall have the same effect as a receipt for money paid upon a sale for cash. Historical and Statutory Notes Source: Band Statute 1087-MLC-41, § 19. § 436. Surplus When the sale is for cash, if after satisfying the mortgage debt, with costs and expenses, there is a surplus, it shall be brought into Court for the benefit of the mortgagor or the person entitled thereto, subject to the order of the Court. If such surplus remains in Court for three months without being applied for, the Judge may direct it to be put out at interest, subject to the order of the Court, for the benefit of the person entitled thereto, to be paid to them upon order of the Court. Historical and Statutory Notes Source: Band Statute 1087-MLC-41, § 20. § 437. Report, confirmation, resale Upon the coming in of the report of sale, the Court shall grant an order confirming the sale, or if it appears upon due examination that justice& has not been done, it may order a resale on such terms as are just. If the sale is confirmed, the Chief Law Enforcement Officer shall forthwith execute the proper certificate of sale, which shall be recorded with thirty days after such confirmation. Historical and Statutory Notes Source: Band Statute 1087-MLC-41, § 22. § 438 Satisfaction of judgment, execution for deficiency Upon confirmation of the report of sale, the Clerk shall enter satisfaction of the judgment to the extent of the sum bid for the premises, less expenses and Costs, and for any balance of such judgment, execution may issue as in other cases; but no such execution shall issue on the judgment until after a sale of the mortgaged premises, and the application of the amount realized as aforesaid. Historical and Statutory Notes Source: Band Statute 1087-MLC-41, § 23. § 439. Redemption by mortgagor or creditor The mortgagor, or those claiming under him, within the time specified in 21 MLBSA § 484, after the date of the order of confirmation, may redeem the premises sold, or any separate portion thereof, by paying the amount bid therefore, with interest thereon 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 to be provided in the mortgage, at the rate of four percent, together with any further sum which may be payable pursuant to 21 MLBSA § 462. Creditors having a lien may redeem in the order and manner specified in 21 MLBSA § 485 but no creditor shall be entitled to redeem unless within such specified redemption period he files with the Clerk notice of his intent to redeem. Historical and Statutory Notes Source: Band Statute 1087-MLC-41, § 24. § 440. Delivery of possession When possession of a residence is wrongfully withheld after expiration of the time of redemption, the Court may compel delivery of possession to the part entitled thereto by order, directing the Chief Law Enforcement Officer to effect such delivery, after hearing to show cause on the merits. Historical and Statutory Notes Source: Band Statute 1087-MLC-41, § 25. SUBCHAPTER III FORECLOSURE BY ADVERTISEMENT
Section Cross References Relinquishment of title to residence, see 21 MLBSA § 402. § 461. Limitation Subject to the provisions of this chapter, any mortgage or real estate containing a power of sale, upon default being made in any condition thereof, may be foreclosed by advertisement. Historical and Statutory Notes Source: Band Statute 1087-MLC-42, § 27. § 462. Requisites for foreclosure To entitle any part 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 at 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. Historical and Statutory Notes Source: Band Statute 1087-MLC-42, § 28. Cross References Foreclosure by action, redemption by mortgagor or creditor, see 21 MLBSA § 439. § 463 Notice of sale, service on occupant Six 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 weeks before the appointed time of sale a copy of such notice shall be served in like manner as a summons in a civil action in the Court of Central Jurisdiction 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. Historical and Statutory Notes Source: Band Statute 1087-MLC-42, § 29. § 464. 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. Historical and Statutory Notes Source: Band Statute 1087-MLC-42, § 30. § 465. 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 had. 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. Historical and Statutory Notes Source: Band Statute 1087-MLC-42, § 31. 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. Historical and Statutory Notes Source: Band Statute 1087-MLC-42, § 32. § 467. Postponement Such sale may be post |