Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section PRP.05.38 — Recording Of Mortgages By Recording Clerk

(a) The Recording Clerk shall record each Mortgage or other document in a log, which shall contain, at a minimum, the following information:

(1) The name(s) of the Mortgagor of each Mortgage, identified as such;

(2) The name(s) of the Mortgagee of each Mortgage, identified as such;

(3) The name(s) of the grantor(s), grantee(s) or other designation of each party named in any other documents received for recordation;

(4) The date and time of the receipt;

(5) The filing number to be assigned by the Recording Clerk, which shall be a unique number for each Mortgage or other document received for filing; and

(6) The name of the Recording Clerk or designee receiving the Mortgage or document.

(b) The Recording Clerk shall endorse the following information from the log upon any Mortgage or other document received for recording:

(1) The date and time of receipt of the Mortgage or other document;

(2) The filing number assigned by the Recording Clerk; and

(3) The name of the Recording Clerk or designee receiving the Mortgage or document.

(c) The Recording Clerk shall make a true and correct copy of the endorsed Mortgage or other document and shall certify the copy as follows:

I certify that this is a true and correct copy of a document received for recording this date.
Given under my hand and seal this _______ day of _________________.
_______________________________________
(Signature)
_______________________
(Date)

(d) Post-Recording Procedures.

(1) The Recording Clerk shall maintain a public tract index where copies or images of all certified Mortgages or other documents recorded against a Leased Premise are located and may be retrieved by a search based on the legal description of the Leased Premises.

(2) The Recording Clerk shall send the original Mortgage for filing with the Land Titles and Records Office of the BIA in accordance with 25 C.F.R. Parts 150 and 162 and shall obtain approval of the Secretary of the Mortgage or other document if required by federal law and such approval has not be granted in the Lease or Mortgage.

(3) If, following recording by BIA, the original Mortgage is returned to the Recording Clerk, the Recording Clerk shall retain a copy of the endorsed, BIA-recorded Mortgage or other document and transmit the original to the Mortgagee or person who delivered the document for recording to the Recording Clerk.

(e) Copies of the certified Mortgage and other documents and the log shall be made available for public inspection and copying. The Recording Clerk shall establish rules for copying and may assess reasonable charges therefore.

(f) Upon the Mortgagee's commencement of a foreclosure action or application for the appointment of a receiver in connection with an assignment of a Leasehold Interest in lieu of foreclosure, the Recording Clerk shall not accept any other Mortgage or other document for recording until the Leasehold Interest has been transferred according to the terms of this Ordinance.