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Editor's Note: Previously Art. I, Eviction Procedures, adopted 6-25-1992 by Ord. No. 92-09, in Ch. 138, Leases and Mortgages. Chapter 138 was amended in its entirety by the Legislature of the Menominee Indian Tribe December 1, 2016, by Ord. No. 16-27, but the substantive language of the previous named Art. I, Eviction Procedures, did not change and became Art. IX, Leasehold Mortgage FHA Section 248 Eviction Procedures in the newly amended Ch. 138. Chapter 138 was amended in its entirety on 3-21-2019 by Ord. No. 18-38; no amendments were made to this article except for renumbering.
The purpose of this article is to assist in making available to tribal members the benefits of the FHA Section 248 Program, under which an Indian family may purchase a home located on leased trust land on the Reservation under an FHA insured loan.
The Tribe shall follow eviction procedures in conformity with those used by the Menominee Tribal Department of Housing for evictions from homes and leased land under the FHA Section 248 Program. The Menominee Tribal Court shall have jurisdiction in eviction procedures.
The Tribe hereby grants its permission to agents or employees of the United States Department of Housing and Urban Development to enter trust land on the Reservation for the purpose of carrying out their responsibilities under the FHA Section 248 Program, including the serving of process or posting of property in case of eviction.
The Menominee Tribal Court shall exercise jurisdiction over foreclosures. A mortgage insured under the FHA Section 248 Program shall be and constitute the first lien in priority of the home.
Tribal trust land shall be leased for purpose of the FHA Section 248 Program using the lease form prescribed by the Secretary of Housing and Urban Development pursuant to 24 CFR 203.43h(c), 1992 edition, for use in connection with the FHA Section 248 Program.
Where this article imposes greater restrictions than those contained in other ordinances, the provision of this article shall govern.
In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the Tribe and shall not be deemed a limitation or repeal of any other Tribal power or authority. The Tribe's sovereign immunity is not waived or affected hereby.