7.06.190 Judgment and Remedy

This matter shall be heard and decided by the Tribal Court in a prompt and reasonable time period not to exceed sixty (60) days from the date of service of the complaint on the borrower/mortgagor. If the alleged default has not been cured at the time of trial and the Tribal Court finds for the lender/mortgagee, the Tribal Court shall enter judgment:

(a) Foreclosing the interest of the borrower/mortgagor and each other defendant, including subordinate lien holder, in the mortgage, and

(b) Ordering the borrower/mortgagor to relinquish possession of the premises to the lender/mortgagee by a specific date and time no less than ten (10) nor more than thirty (30) days from the date of judgment.

(c) Assigning the mortgage to the lender/mortgagee or the lender/mortgagee's designated assignee;

(d) Assigning the land assignment to the lender/mortgagee or the lender/mortgagee's designated assignee, subject to the following provisions:

(1) The lender shall give the Tribe the right of first refusal on any acceptable offer to purchase the land assignment and/or mortgage which is subsequently obtained by the lender or lender's designated assignee.

(2) The lender or lender's designated assignee may only transfer, sell or assign the land assignment and/or mortgage to a tribal member, the Tribe, or the AHA.

(3) Any other transfer, sale or assignment of the land assignment or mortgage shall only be made to a tribal member, the Tribe, or the AHA.