Alaskan Native Lands.

Alaskan Natives (Indian, Eskimo, and Aleut) hold land under a unique system imposed by the Alaska Natives Claims Settlement Act of 1971 (Act). This statute was a congressional response to conflict between non-Indians seeking to develop Alaska and Natives who claimed extensive tracts of aboriginal territory. The Act extinguished all aboriginal rights to lands in Alaska and established, under State law, village and regional corporations in which enrolled Natives would receive corporate stock. The corporations then select lands set aside under the Act for the Alaska Natives and, through corporate bylaws, protect against alienation of the land.

Allotted Trust Land.

Land or any interest in land held in trust by the United States for the benefit of individual Indians or held by individual Indians subject to federal restrictions against alienation or encumbrance.

Assignment Program.

The transfer of the mortgage and security interest to HUD by a lender that holds the rights to the mortgage or deed of trust. This action occurs when a mortgagor is in default and the Program ONAP makes a determination that it is in HUD’s best interest to become the holder of the mortgage and security interest. As of the date of this guidebook, it is our policy to accept the assignment of a loan in default if the holder of the guarantee certificate elects not to foreclose.

Claim.

A demand for something due. A request or demand for payment in accordance with an insurance policy or guarantee. To assert and demand the recognition of right, title and\or possession of or to personal property.

Default.

The failure by a borrower to make any payment or to perform any other obligation under the terms of a loan for a period of more than 30 days.

Department.

The U.S. Department of Housing and Urban Development (HUD or the Department).

Eviction.

The legal process by which households in violation of their lease and/or mortgage terms are removed from occupancy of a given residence.

Fee Land.

The terms "fee title" or "fee simple title" generally denotes an estate in land that is absolute and unrestricted. The owner is entitled to dispose of the entire property or various interests in the property without hindrance. Upon death, the land, or any remaining interests, passes to heirs or those to whom the owner has given it by will. Within Indian reservations, lands may be owned in fee simple by both Indians and non-Indians. The former may have received a fee patent or some other document removing the restrictions against alienation on land formerly held in a trust or restricted status. The latter may have entered the reservation by purchasing allotted land at an advertised sale, from an Indian having the fee or unrestricted title to the land, or from the federal government at a sale of the ceded and surplus tribal land that remained after allotments were granted to individual tribal members. In some cases, fee ownership within an Indian reservation may predate the establishment of the reservation. Furthermore, a tribe/tribal member may convert fee land to trust land.

Foreclosure.

The legal process by which title to a given residence is transferred from a homeowner in default of a mortgage and/or lease terms to the note holder. On fee simple and mortgaged allotted trust properties, this includes the conveyance of the land as well as the structure. On tribal trust or leased allotted trust properties, the structure is conveyed to the note holder, as well as the leasehold interest in the land. Title to the land itself remains in trust.

Fractionated Ownership.

The term used to note ownership of a property in the name of more than one individual. The term is typically used in conjunction with allotted or individual trust lands to describe situations where, over time and through division of inheritance, multiple parties have claim to a single property.

Guarantee Fund.

The Indian Housing Loan Guarantee Fund established under Section 184(i) of the Housing and Community Development Act of 1992.

Indian.

Any person recognized as being Indian or Alaska Native by an Indian tribe, the federal government or any state and includes the term "Native American."

Indian Area.

The area within which an Indian housing authority or a tribal housing entity is authorized to provide housing.

Indian Housing Authority.

Any entity that is authorized to engage in or assist in the development or operation of low-income housing for Indians and that is established either (1) by exercise of the power of self-government by an Indian tribe independent of State law; or (2) by operation of State law providing specifically for housing authorities for Indians, including regional housing authorities in the State of Alaska.

Land Assignments.

Assignments are an internal tribal assignment of tribal trust/restricted lands to tribal members. Assignments are not normally recorded against title to the land and are not normally recognized as valid unless they are recorded. Therefore, assignments cannot be recognized as site control. Unless the terms of the assignment provide for the leasing of the land by the holder of the assignment, the tribe must join with the assignee in the grant of a lease.

Lease.

A written agreement between the owner of real property and another party detailing the specific terms by which the use and possession of real property is granted by the owner to the other party.

Lease Assignments.

A lease assignment is the transfer or conveyance of a valid existing lease to a third party, who becomes the new lessee. Generally, an assignment must cover the entire leasehold interest.

Leasehold Encumbrance.

This term refers to a mortgage, deed of trust, or other lien on the leasehold interest given to secure the repayment of a loan obtained by the lessee.

Leasehold Interest.

This is the name given to the interest conveyed by the tribe to the borrower under the lease; in other words, the borrower’s interest in the land. It consists of the right to the quiet enjoyment of the leased premises for the term of the lease, subject to the requirements of the lease.

Lessee.

The party to a lease who receives the right to use and possess real property.

Lessor.

The owner of real property who leases the property to another (lessee).

Mortgage.

The mortgage is a pledge of property as security for repaying the indebtedness evidenced by the note.

Mutual Help Program.

A HUD housing program offering homeownership opportunities for Native American families. Under this Program, funds are allocated from HUD to Indian Housing Authorities who construct Mutual Help homes and determine the price of these homes. The housing authority then establishes a schedule that amortizes the prices of these homes over a set term. Mutual Help participants may use the Section 184 Program to acquire the property or acquire and rehabilitate their home, or may use Section 184 to rehabilitate Mutual Help homes that have been paid off.

Principal Residence.

The dwelling where the borrower maintains (or will maintain) a permanent place of abode, and typically spends (or will spend) the majority of the calendar year. A borrower may have only one principal residence at any one time.

Public Domain Allotments.

Trust/restricted property located outside the exterior boundaries of a federally recognized reservation. Public Domain property is generally considered to be the original allotted tract, but may also include purchased tracts which have been accepted in trust/restricted status.

Rancheria.

Rancheria is a term used synonymously with "reservations" in the State of California. Lands within a "Rancheria/reservation" may be owned by a tribe or individuals and held in trust by the federal government.

Restricted Land.

Land or any interest in land which is held by an individual Indian or tribe and is subject to federal restrictions against alienation or encumbrance. This land can be alienated or encumbered only with the approval of the Secretary of the Interior as mandated by federal law.

Secretary.

The Secretary of the U.S. Department of Housing and Urban Development.

Standard housing.

A dwelling unit or housing that complies with the physical condition requirements established in the Section 184 statute. These requirements are stated in Paragraph 4.7 of this guidebook.

Sublease.

Certain leases may permit the lessee to create several leases in place of the original lease (so-called spin-off leases). Each of these subleases may then be assigned to another lessee.

Title Status Report.

A report issued by the Land Titles and Records Office of the Bureau of Indian Affairs having administrative jurisdiction over the specific Indian land indicating the type of ownership of the land, listing any restrictions or encumbrances on the land; the current owners; and any specific conditions or exceptions.

Tribal Land.

Land or any interest therein held by the United States in trust for a tribe, band, community, group, or pueblo of Indians subject to federal restrictions against alienation or encumbrance, including such land reserved for BIA administrative purposes when it is not immediately needed for such purposes. The term also includes lands held by the United States in trust for an Indian corporation chartered under Section 17 of the Act of June 18, 1934 (48 Stat. 984: 25 U.S.C. 476). This term also includes assignments of tribal land.

Tribe.

Any tribe, band, rancheria, colony, pueblo, group, community, or nation of Indians or Alaska Natives.

Tribally Designated Housing Entity.

An entity other than the tribal government authorized by an Indian tribe by exercise of the power of self-government independent of state law or by operation of state law providing specifically for housing authorities or housing entities for Indians, including regional housing authorities in the State of Alaska, to receive grant amounts and provide assistance under the Native American Housing Assistance Act and Self-Determination Act of 1996 for affordable housing for Indians. A TDHE may be authorized or established by one or more Indian tribes to act on behalf of each such tribe authorizing or establishing the housing entity.

Trust land.

Land or any interest in land held in trust by the U.S. Government for an individual Indian or tribe.