(d) The recording procedures set forth in this Chapter for Leasehold Mortgages shall also apply to
any assignment of a Leasehold Mortgage.
(e) The Tribal Council may from time to time establish recording fees, copying fees, and fees for
the certification of any document recorded under the recording system established under this
Chapter.
Section 27-5 Leasehold Mortgage Foreclosure Proceedings
27-5.01 Leasehold Mortgage Foreclosure Proceedings. Upon the default of the Mortgagor(s) under a
Leasehold Mortgage, the Mortgagee may commence a Leasehold Mortgage foreclosure proceeding in the
Tribal Court by filing:
(a) A verified complaint:
(1) Naming the Mortgagor(s) and each person or entity claiming through the Mortgagor(s)
subsequent to the recording of the Leasehold Mortgage, including each Subordinate
Lien holder (except the Tribe with respect to a claim for a Tribal leasehold tax), as a
defendant;
(2) Describing the property;
(3) Stating the facts concerning the execution of the Lease and the Leasehold Mortgage;
the facts concerning the recording of the Leasehold Mortgage; the facts concerning
the alleged default(s) of the Mortgagor(s); and such other facts as may be necessary
to constitute a cause of action;
(4) Having appended as exhibits true and correct copies of each promissory note, Lease,
Leasehold Mortgage, or assignment thereof relating to the property; and
(5) Including an allegation that all relevant requirements and conditions prescribed in
A. all applicable statutes and Codes, whether Tribal, federal or state,
B. all regulations promulgated under such statutes and Codes and
C. the provisions of the Lease and the Leasehold Mortgage have been complied
with by the Mortgagee.
(b) A summons issued as in other cases requiring the Mortgagor(s) and each other defendant to
appear for a trial upon the complaint on a date and time specified in the summons.
(3) The trial date specified in the summons shall be not less than 20 nor more than 45
days from the date of service of the summons and complaint.
(4) The summons must notify the defendant(s) that judgment will be taken against the
defendant(s)in accordance with the terms of the complaint unless the defendant(s)file
an answer with the court and appear for trial at the time, date and place specified in
the summons.
Section 27-6 Service of Process and Procedure
27-6.01 Service of Process. The laws of the Tribe governing service of process and all other matters
relating to the conduct of Tribal Court proceedings shall apply to any Leasehold Mortgage Foreclosure
Proceeding under this Chapter.
27-06.02 Certified_Mailinq to Tribe and Lessor.
(a) In any Leasehold Mortgage Foreclosure Proceeding where the Tribe or the Lessor(s) is not
named as a defendant, a copy of the summons and complaint shall be mailed to the Tribe and
to the Lessor(s) by certified mail, return receipt requested, within 5 days after the issuance of
the summons, but not less than 20 days prior to the date set for trial.
(b) If the location of the Lessor(s)cannot be ascertained after reasonable inquiry, a copy of the
summons and complaint shall be mailed to the Lessor(s)in care of the Superintendent of the
Olympic Peninsula Agency of the Bureau of Indian Affairs.
Section 27-7 Intervention
27-07.01 Intervention.
(a) The Tribe or any Lessor may petition the Tribal Court to intervene in any Leasehold Mortgage
Foreclosure Proceeding under this Chapter.
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Revised Spokane Law & Order Code, 5/14/2013