9-1-1 PURPOSE

It is the legislative intent and purpose of the Colville Tribal Business Council in enacting this Chapter:

a. To exercise its inherent sovereignty over Indian trust lands wherever situated and over all lands in which the Tribes holds a security interest of any sort.

b. To provide a just and proper forum for the foreclosure of real estate mortgages and deeds of trust and forfeiture of real estate contracts in which the Tribes may have an interest or in which the members of the Colville Confederated may have an interest wherever situated.

c. To provide those holding unapproved and approved contracts, mortgages and deeds of trust on the trust lands or other lands of individual Indian owners a remedy in the event the debtors default under the terms of the contract, mortgage or deed of trust.

d. 25 U.S.C. 483(a) provides that foreclosure of mortgages and deeds of trust on trust lands of individual Indian owners shall be in conformity with the statutory law of the state in which the lands are located. As a result, the procedures set out in this Chapter utilize state law to the extent applicable.

Amended 10/7/93, Resolution 1993-530, Certified 10/12/93

FORECLOSURE OF REAL ESTATE MORTGAGES

9-1-30 STATE LAW ADOPTED AS TRIBAL LAW

The foreclosure of mortgages securing real property interests and the execution on judgments secured by a mortgage on real property shall be conducted under the procedures set out in Titles 6.17, 6.21, 6.23 and 61.12 of the Revised Code of Washington (RCW) as those sections exist on March 1, 1993, or as they may be thereafter be amended; provided sections 6.17.808, 61.12.061 and 61.12.162 shall not apply and shall not be adopted into this Chapter. The procedures to obtain a lis pendens as set out in RCW 4.28.320 shall also be available. Those provisions of the Revised Code of Washington identified in this chapter shall be incorporated into and shall become a part of this Subchapter.

9-1-31 EXCEPTIONS IN ADOPTION OF STATE LAW

In those sections of the RCW incorporated pursuant to 9-1-30 all references: to the "superior Court", "court", or "district court" shall mean the "Colville Tribal Court"; to the "sheriff" shall mean the "Chief of Police of the Colville Tribes"; and to the "State of Washington" shall mean the "Confederated Tribes of the Colville Reservation".

9-1-32 Deleted (10/7/93, Resolution 1993-530, Certified 10/12/93).

DEEDS OF TRUST

9-1-60 DEEDS OF TRUST

25 USC 483(a) provides that the foreclosure of mortgages and deeds of trust on the trust lands of the individual Indian owners shall be in conformity with the laws of the state in which the land is located. Therefore, the procedures of Title 61.24 of the Revised Code of Washington are adopted in their entirety and shall be used by the Colville Tribal Court in foreclosing deeds of trust on the lands of Indian owners. The Tribal Court shall not be required to follow state case law in interpreting the statutes, but may use Washington case law as a guide.

9-1-61 EXCEPTIONS IN ADOPTING OF STATE LAW

In adopting the procedures of RCW 61.24 all references to the "superior court of the county" or "the court" shall mean the Colville Tribal Court. All references to the "Sheriff" shall mean the Chief of Police of the Confederated Tribes. All references to the ~office of the auditor of each county" shall mean the office of the Bureau of Indian Affairs if the property is in trust or restricted status.

FORFEITURE OF REAL ESTATE CONTRACTS

9-1-90 STATE LAW ADOPTED AS TRIBAL LAW

25 USC 483 authorizes the Secretary of the Interior to approve conveyances with respect to lands or interests in lands held by individual Indians. The Secretary has adopted regulations which authorize real estate contracts as one possible means of such conveyance. See 25 CFR 152.35. Title 61.30 of the Revised Code of Washington sets forth certain procedures to be used in forfeiting a real estate contract and is adopted in its entirety and shall be used by the Tribal Court of the Colville Tribes of Indians in forfeiting real estate contracts of the lands of Indian owners, or in which the Tribes or an individual may have an interest. The Tribal Court shall not be required to follow Washington case law in interpreting these statutes, but may use State Case Law as a guide.

9-1-92 EXCEPTIONS IN ADOPTING STATE LAW

In adopting the procedures of RCW 61.30 all references to "Court action" or "the court" shall mean the Colville Tribal Court. All references to "recorded in each county in which any of the property is located" shall mean the office of the Bureau of Indian Affairs if the property is in trust or restricted status.

SEVERABILITY

9-1-120 SEVERABILITY

If any provision of this chapter or its application to any person or circumstance is held to be invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.