§5135 — Title 25 Indians | U.S. Code

Summary

Individual Indian owners of land held in trust by the United States or that the United States limits from being sold can, with the Secretary of the Interior’s approval, take out a mortgage or deed of trust on that land. If the mortgage is foreclosed or the land is sold, the foreclosure follows the tribe’s laws, or the state or territory law if the tribe has no foreclosure law. For that process, the owners are treated as full owners, the United States does not have to join the case, and a sale removes the United States’ title. Mortgages and deeds already approved by the Secretary are confirmed. If an Indian or an Indian tribe gets such land, it cannot be taken out of trust or lose its restricted status unless someone applies to the Secretary under current law.

Title 25, §5135

Indians — Source: USLM XML via OLRC

(a)The individual Indian owners of any land which either is held by the United States in trust for them or is subject to a restriction against alienation imposed by the United States are authorized, subject to approval by the Secretary of the Interior, to execute a mortgage or deed of trust to such land. Such land shall be subject to foreclosure or sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of the tribe which has jurisdiction over such land or, in the case where no tribal foreclosure law exists, in accordance with the laws of the State or Territory in which the land is located. For the purpose of any foreclosure or sale proceeding the Indian owners shall be regarded as vested with an unrestricted fee simple title to the land, the United States shall not be a necessary party to the proceeding, and any conveyance of the land pursuant to the proceeding shall divest the United States of title to the land. All mortgages and deeds of trust to such land heretofore approved by the Secretary of the Interior are ratified and confirmed.

(b)In the event such land is acquired by an Indian or an Indian tribe, such land shall not be removed from trust or restricted status except upon application to the Secretary under existing law.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 483a of this title prior to editorial reclassification and renumbering as this section.

Amendments

1990—Subsec. (a). Pub. L. 101–644 inserted “tribe which has jurisdiction over such land or, in the case where no tribal foreclosure law exists, in accordance with the laws of the” before “State” in second sentence. 1984—Pub. L. 98–608 designated existing provisions as subsec. (a) and added subsec. (b).

§5135 Mortgages and Deeds of Trust by Individual Indian Owners; Removal From Trust or Restricted Status; Application to Secretary

Summary

Title 25, §5135

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata