A. 
A mortgagor shall be considered in default when he/she is thirty (30) days past due on his/her mortgage payments or is in violation of any covenant under the mortgage for more than thirty (30) days to the mortgagee.
B. 
When the mortgagor is thirty (30) days past due on his/her mortgage and before a foreclosure action or activity is initiated, the mortgagee should complete the following:
(1) 
Make a reasonable effort to arrange a face-to-face interview with the mortgagor. This should include at least one trip to meet with the mortgagor at the mortgaged property.
(2) 
The mortgagee shall document its efforts to attempt to arrange a face-to-face interview with the mortgagor.
(3) 
The mortgagee may appoint an agent to undertake the efforts to arrange for a face-to-face interview with the mortgagor and to conduct the interview specified in this section.
C. 
If the mortgagor is past due on three mortgage payments and at least ten (10) days before initiating foreclosure proceedings, the mortgagee shall advise the mortgagor in writing by mail, or by posting prominently on the mortgaged property, with a copy provided to the Tribe, as follows:
(1) 
Advise the mortgagor that information regarding the loan and default/delinquency will be given to credit bureaus;
(2) 
Advise the mortgagor of homeownership counseling programs available through the mortgagee or other assistance regarding the mortgage/default;
(3) 
Advise the mortgagor that if the leasehold mortgage remains past due on three mortgage payments, the mortgagee may ask the applicable government agency, if any, to accept assignment of the leasehold mortgage, if this is an option of the governmental program;
(4) 
Notify the mortgagor of the qualifications for forbearance relief from the mortgagee, if any, and that forbearance relief may be available from the applicable government agency, if any; and
(5) 
Notify the mortgagor of the names and addresses of government officials from the applicable agency, if any, to whom further communications may be addressed.
D. 
If the mortgagor is past due on three or more mortgage payments and the mortgagee has complied with the procedures set forth in Subsections B and C of this section, the mortgagee may commence foreclosure proceedings in the Tribal Court by filing a verified complaint as described in § 9.3-31.
Upon the default of the mortgagor(s) and upon expiration of any applicable cure periods under a leasehold mortgage, the mortgagee or its successors and assigns may commence a leasehold mortgage foreclosure proceeding in the Tribal Court, as follows:
A. 
By filling a verified complaint:
(1) 
Citing authority for jurisdiction of the Tribal Court;
(2) 
Naming the mortgagor(s) and each record owner claiming through the mortgagor(s) subsequent to the recording of the leasehold mortgage, including each subordinate lienholder, except the Tribe with respect to a claim for a tribal tax on the leasehold estate subject to the leasehold mortgage, as a defendant;
(3) 
Describing the leasehold estate subject to the leasehold mortgage;
(4) 
Stating the facts concerning:
(a) 
The execution of the lease and the leasehold mortgage;
(b) 
The recording of the leasehold mortgage;
(c) 
The alleged default(s) of the mortgagor(s) and any other facts as may be necessary to constitute a cause of action.
(5) 
Having appended as exhibits true and correct copies of each promissory note, lease, leasehold mortgage and, if applicable, assignment thereof relating to such leasehold estate;
(6) 
Including an allegation that all relevant requirements and conditions prescribed in the federal mortgage loan guarantee program and/or leasehold mortgage agreement and the lease have been complied with by the mortgagee or its successors or assigns; and
(7) 
Otherwise satisfying the requirements of the Tribal Court.
B. 
By obtaining a summons, issued as in other cases, requiring the mortgagor(s) and each other person or entity claiming through the mortgagor, as defendants, to appear for a trial upon the complaint on a date and time specified in the summons, and filing a copy of such summons with the Tribal Court.
The laws of the Tribe governing service of process and all other matters relating to the conduct of Tribal Court proceedings shall apply to any leasehold mortgage foreclosure proceeding pursuant to this chapter.
A. 
Prior to the entry of a judgment of foreclosure of a leasehold mortgage pursuant to this chapter, any mortgagor or any subordinate lienholder may cure the default(s) under the leasehold mortgage.
B. 
Any subordinate payments made by such subordinate lienholder to cure such default(s) must comply with the terms of the mortgage, plus interest on such amounts at the rate stated in the promissory note evidencing the subordinate lien.
If the alleged default(s) have not been cured, and if the Tribal Court should find for the mortgagee or its successors or assigns, the Tribal Court shall enter judgment:
A. 
Foreclosing the leasehold estate of the mortgagor(s) and each other defendant named in the complaint upon whom proper and timely service has been made, including each such subordinate lienholder; and
B. 
Assigning such leasehold estate to the mortgagee or the mortgagee's assignee, provided that, the mortgagee shall give the Tribe the right of first refusal on any acceptable offer to purchase the lease and the lessee's leasehold in the property.