March 2007
The United States Government holds much of the land in Indian Country in trusts; land may be tribal trust, individual trust, or fee simple. Despite the fact that trusts are designed for the benefit of an individual or a tribe, they present difficulties for mortgage lenders in terms of foreclosure, liquidation, and other practices. Prior to Section 184, lands held in trust for tribes could not be mortgaged at all, while lands held in trust for individuals could be mortgaged… more