Most of the mortgage approval process for land in Indian Country is conducted between the bank or lender issuing the mortgage and the Bureau of Indian Affairs. Some Tribal governments who have contracted or compacted realty functions may also approve mortgage packages.
Tribes with approved HEARTH Act Leasing Regulations can approve leases on Tribal trust land without approval from the Secretary. Tribes with approved HEARTH Act leasing regulations may allow lenders to issue leasehold mortgages to borrowers. Please refer to the HEARTH Act Training for Tribes video.
Preparing for Mortgage Approval
Before issuing a promissory note to the borrower, a bank or lender issuing the mortgage must submit a set of documents called a “mortgage package” for approval.
Lenders may consult the Contact Guide for Mortgage Lending in Indian Country to locate the appropriate BIA agency to contact and submit a mortgage package to.
Which documents to include in the submitted mortgage package depend on the type of mortgage:
- If the borrower is leasing trust or restricted land, consult the Leasehold Mortgage Checklist when assembling the mortgage package.
- If the borrow owns an undivided interest in trust or retracted land, consult the Trust Land Mortgage Checklist when assembling the mortgage package.
After Submitting a Mortgage Package
After submitting a mortgage package for review the lender will receive an acknowledgment letter within 10 business days.
If the submitted mortgage package is missing required information or supporting documents, the acknowledgment letter will provide the lender with a list of the missing information or documents.
If the submitted mortgage package is complete with all required information and supporting documents, the acknowledgment letter will confirm that the package is complete and will be reviewed for approval. The acknowledgment letter will include a time frame for approval and the contact information of the realty specialist assigned to the case.
To inquire about the status of the case under review the lender may contact the realty specialist listed in the acknowledgment letter or fill out the Bureau of Indian Affairs Office of Trust Services HUD Loan Inquiry form online.
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