Section PRP.05.45 — Judgment And Remedy

A foreclosure action shall be heard and decided in a prompt and reasonable time period not to exceed sixty (60) days from the date of service of the complaint on the defendants. If the mortgagor has no defense to the foreclosure and has not reinstated the Mortgage (if such right is allowed under the Mortgage) and the Tribal Court finds for the plaintiff, the Tribal Court shall enter judgment;

(a) Foreclosing the interest of the Mortgagor, other defendants and anyone else acquiring an interest in the Leased Premises after the commencement of the foreclosure action;

(b) Assigning title to the Leasehold Interest to the receiver, with authority to sell the Leasehold Interest or rent the Leased Premises;

(c) Granting a Writ of Restitution to the receiver to immediately remove the defendants and all other occupants and their property from the Leased Premises;

(d) Ordering a public sale and advertising the terms of such sale in a newspaper or other communication distributed by the Tribe to its members (if such exists), posting the notice on the Leased Premises and in the Tribal offices;

(e) Providing for the distribution of any funds in excess of the amounts due to the Mortgagee to the Subordinate Lienholders (if any) in order of lien priority and then to the Mortgagor;

(f) Requiring that all sales of the Leasehold Interest be made only to a Member, the Tribe, or the Tribal Housing Authority;

(g) Providing that the Leased Premises may be rented prior to a sale, with preference being given to financially qualified Members, the Tribe and the Tribal Housing Authority;

(h) Providing that if no financially qualified Members, the Tribe and the Tribal Housing Authority rents the Leased Premises within sixty (60) days of its being offered for rental, then the receiver may rent to a non-Member, for initial and renewal periods not exceeding one (1) year, with preference to re-rent the Leased Premises being granted to financially qualified Members, the Tribe or a Tribal Housing Authority upon the expiration of each renewal period.

(i) Awarding monetary damages to the plaintiff for damages caused to the Leased Premises in excess of ordinary wear and tear.