15.3.2.060 Mortgage Foreclosure Proceedings

Upon expiration of the cure period for a default under a Mortgage, as identified in the Mortgage documents or otherwise provided in this Act, if there is a failure to cure, and the Lender has complied with the provisions set forth in this Act, the Lender may commence a Mortgage Foreclosure Proceeding in the Trial Court in the following manner:

(a) Lender shall file a verified complaint:

(1) Invoking the jurisdiction of the Trial Court through citation to proper authorities;

(2) Naming as defendant(s) the Borrower and each record owner claiming through the Borrower subsequent to the recording of the Mortgage, including each Subordinate Lienholder;

(3) Describing the property subject to the Mortgage;

(4) Stating the facts concerning:

(A) The execution of any Lease and/or the Mortgage;

(B) The recording of the Mortgage;

(C) The alleged default(s) of the Borrower(s); and

(D) Any other facts necessary to support a cause of action for Mortgage Foreclosure.

(5) Including an allegation that all relevant requirements and conditions prescribed by federal and tribal law, and by the promissory note, security instrument, and the Lease, if any, have been complied with by the Lender;

(6) Appending as exhibits true and correct copies of each promissory note, Lease, if any, Mortgage, and if applicable, assignment thereof relating to such mortgaged property; and

(7) Otherwise satisfying the pleading requirements of the Trial Court.

(b) Lender shall obtain and serve upon each defendant a summons, along with a copy of the complaint, in the manner prescribed by law according to the Civil Procedures Code.

(c) Lender shall additionally serve a copy of the summons and complaint upon the Pueblo de San Ildefonso Realty Office and the Office of the Governor by means capable of verification.

(d) Except as otherwise provided by Federal Agency loan guarantee requirements, in no event shall Lender file a claim for a deficiency judgment.