CHAPTER 27 - LEASEHOLD MORTGAGES
Section 27-1 Purpose
27-01.01 Purpose.
(a) The purpose of this Chapter is to avail the Spokane Tribe and its members and others
designated by the Tribe of financing and other funding for the construction and/or purchase
and/or repair or improvement of family residences and related structures and facilities, including
infrastructure on trust and otherwise restricted lands within the jurisdiction of the Spokane Tribe
by prescribing procedures for the recording, priority and foreclosure of leasehold mortgages
given to secure such financing or other funding.
(b) This Chapter replaces in its entirety the former Chapter 27 entitled "Mortgages and Deeds of
Trust".
(1) However, this substitution of law does not affected vested rights secured under the
operation of former Chapter 27, and any such vested rights shall be governed by the
former Chapter 27.
Section 27-2 Definitions
27-02.01 Definitions. [missing in original text] … entity that presented the same for recording.
(a) "Tribe" means the Spokane Tribe of Indians.
(b) ”Tribal Council" means the Tribal Council of the Spokane Tribe.
(c) "Tribal Recording Clerk" means the person designated by the Tribal Council to perform the
recording functions under this Chapter or any deputy or designee of such person.
(d) "Tribal Secretary" means the secretary of the Spokane Tribe.
(e) "Tribal Court" means the Tribal Court as established by the laws of this Tribe or such body as
may now or hereafter be authorized by the laws of the Tribe to exercise the powers and
functions of a court of law.
(f) "Lease" means the lease of trust or otherwise restricted property for which a Leasehold
Mortgage, as defined in this Chapter, has been or will be given.
(g) "Lessor" means the beneficial or equitable owner of trust or otherwise restricted property
under a Lease for which a Mortgage, as defined in this Chapter, has been given, or the heir(s),
successor(s), executor(s), administrator(s) or assign(s) of such Lessor.
(h) "Leasehold Mortgage" means the mortgage of a lease of trust or otherwise restricted property
given to secure financing or other funding for the construction and/or purchase of a family
residence or related structures or facilities.
(i) “Mortgagor" means the Tribe, including any entity of the Tribe, or member of the Tribe or any
other person or entity authorized by Resolution of the Tribal Council who has executed a
Leasehold Mortgage as defined in this Chapter, or any heir(s), successor(s), executor(s),
administrator(s) or assign(s)of the Tribe or Tribal member or other person or entity.
(j) "Mortgagee" means the mortgagee under any Leasehold Mortgage as defined in this Chapter
or the successor(s)in interest or assignee of any such mortgagee.
(k) ”Subordinate Lien holder" means the holder of any lien, including a subsequent mortgage,
perfected subsequent to the recording of a Leasehold Mortgage under this Chapter (except the
Tribe with respect to a claim for a Tribal leasehold tax).
(l) "Leasehold Mortgage Foreclosure Proceeding" means a proceeding in the Tribal Court to
foreclose the interest of the Mortgagor(s), and each person or entity claiming through the
Mortgagor(s), in a Lease for which a Leasehold Mortgage has been given.
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Revised Spokane Law & Order Code, 5/14/2013