7.06.040 Definitions

As used in this code, the following words will have the meanings given them in this section unless the context plainly requires otherwise:

(a) "Adult person" is any person eighteen (18) years of age or older.

(b) "AHA" is the Akwesasne Housing Authority, established by the St. Regis Mohawk Tribe for the purpose of constructing and maintaining dwellings for public use within the territorial jurisdiction of the Tribe; and which has been designated the Tribally Designated Housing Entity (TDHE) by the Tribe.

(c) "Assignee" means an eligible tribal participant for whom a land assignment is conveyed in accordance with the provisions of the St. Regis Mohawk Tribe Land Assignment Ordinance.

(d) "Borrower/mortgagor" is the Tribe, the AHA, or any individual tribal member(s) or any heir(s), successor(s), executor(s), administrator(s), or assign(s) of the Tribe who has executed a mortgage as defined in this code.

(e) "Building" is a structure, and any appurtenances or additions thereto, designed for habitation, shelter, storage and the like.

(f) "Lender designated assignee". Any lender or mortgagee as defined in this code may assign or transfer its interest in a mortgage or land assignment to a designated assignee. If the mortgage or land assignment falls under a federal agency homebuyer program or federal agency loan guarantee program, the lender must give written notice to the Tribe of a proposed designated assignee any time prior to such transfer or assumption.

(g) "Lender" or "mortgagee" is (a.) any private lending institution established to primarily loan funds and not to invest in or purchase properties, (b.) the Tribe, (c.) the AHA, or (d.) a U.S. government agency which loans money, guarantees or insures loans to a borrower for construction, acquisition, or rehabilitation of a home. It shall also mean any lender designated assignee(s) or successor(s) of such lender/mortgagee.

(h) "Mortgage" is the mortgage of an assignment of property given to secure a loan, and may be created (a.) under the auspices of any federal agency or AHA homebuyer or lending program, or (b.) any other loan, mortgage, security, or credit agreement entered between a borrower/mortgagor and a lender/mortgagee including conventional or traditional mortgages. This mortgage differs from a standard mortgage to the extent that this mortgage pledges the assignment interest as collateral for the loan, rather than pledging an ownership interest in the real property.

(i) "Mortgage Foreclosure Proceeding" is a proceeding:

(1) To foreclose the interest of the borrower(s)/mortgagor(s), and each person or entity claiming through the borrower(s)/ mortgagor(s), in a land assignment and building for which a mortgage has been given under the home purchase or lending program of any federal agency or any other lender, or a commercial loan by any lender; and

(2) To assign, where appropriate the borrower's/mortgagor's interest to a designated assignee.

(j) "Person" includes the Tribe, the AHA, an individual or organization, and where the meaning of a portion of this Code requires, it means a public agency, corporation, partnership, or any other entity.

(k) "Reservation" means the St. Regis Mohawk Reservation which shall include all lands held in restricted status and in trust by the United States of America for the benefit of the St. Regis Mohawk Tribe.

(l) "Shall", for the purposes of this code, will be defined as, mandatory or must.

(m) "Subordinate lien holder" is the holder of any lien, including a subsequent mortgage, perfected subsequent to the recording of a mortgage under this code.

(n) "Tribal Court" is the St. Regis Mohawk Tribal Court as established by the laws of the 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.

(o) "Tribal member" means an individual who is an enrolled member of the St. Regis Mohawk Tribe in good standing.

(p) "Tribal Clerk" is the duly elected tribal official designated to perform the recording functions required by this code or any deputy or designee of such person as assigned by Tribal Council.

(q) "Tribe" means the St. Regis Mohawk Tribe of New York, as recognized by the United States of America.