25 U.S.C. § 483a
Transferred
[transferred]
Notes of Decisions
Cited in 10
cases, 1971–2006 · leading case: Nw. South Dakota Prod. Credit Ass'n v. Smith, 784 F.2d 323 (8th Cir. 1986).
Nw. South Dakota Prod. Credit Ass'n v. Smith, 784 F.2d 323 (8th Cir. 1986). “For reversal PCA argues that the district court erred in determining that 25 U.S.C. § 483a does not provide federal question jurisdiction of an action to foreclose a mortgage on individually owned Indian trust lands.”
Crow Tribe of Indians v. Deernose, 487 P.2d 1133 (Mont. 1971). “62 ; 25 U.S.C.A. § 483a. When the promissory notes were not paid on their due date, the mortgagee instituted an action to foreclose the real estate mortgage in the state district court of Big Horn County, the situs of the mortgaged land.”
Hous. Auth. of Seminole Nation v. Harjo, 790 P.2d 1098 (Okla. 1990). “That holding was based on what we perceive to be an express grant of jurisdiction in 25 U.S.C. § 483a, a statute that extinguishes the "restricted Indian" nature of a land title in such foreclosure proceedings.”
United States v. Am. Horse, 352 F. Supp. 2d 984 (D.N.D. 2005). “American Horse’s argument is predicated upon 25 U.S.C. § 483a, which provides as follows: (a) The individual Indian owners of any land which either is held by the United States in trust for them or is subject to a restriction against alienation imposed by the United States are…”
Minnesota Chippewa Tribal Hous. Corp. v. Reese, 978 F. Supp. 1258 (D. Minnesota 1997). “By statute, allot-tees are deemed vested with an unrestricted fee simple title for purposes of foreclosure. Title 25 U.”
In Re Emerald Outdoor Advert., Llc, Debtor, Tiffany Harrison, Creditor Gold Eagle Gaming Llc, Creditor v. Emerald Outdoor Advert., LLC, 444 F.3d 1077 (9th Cir. 2006). “Our analysis focuses on 25 U.S.C. § 483a(a). To protect mortgagees that loan money to holders of Indian trust lands, § 483a(a) subjects the holder to foreclosure “in accordance with the laws of the tribe which has jurisdiction over such land or, in the case where no tribal…”
Virgil Wilkinson v. United States, 440 F.3d 970 (8th Cir. 2006). “As discussed infra, 25 U.S.C. § 483a permits individual Indian owners to encumber their allotted trust land with mortgages.”
Wilkinson v. United States, 314 F. Supp. 2d 902 (D.N.D. 2004). “To secure these loans, the Wilkinsons mortgaged their interest in the land as allowed under 25 U.S.C. § 483a. 1 In addi *904 tion, the Wilkinsons signed standard BIA forms entitled “Assignment of Income from Trust Property” in favor of the Farm Service Agency (FSA).”
Fed. Land Bank of Wichita v. Burris, 790 P.2d 534 (Okla. 1990). “The Bank urges that the lower court erred in dismissing the foreclosure matter because the state has jurisdiction under a federal statute, 25 U.S.C. § 483a, which states: § 483a. Mortgages and deeds of trust by individual Indian owners The individual Indian owners of any land…”
Emerald v. Harrison (9th Cir. 2006). “See 25 U.S.C. § 483a(a). In 1994, Busi- ness Finance Corporation (“BFC”) agreed to loan Hargrove money if she executed a deed of trust in its favor.”
— 25 U.S.C. § 483a(a) — 3 cases
In Re Emerald Outdoor Advert., Llc, Debtor, Tiffany Harrison, Creditor Gold Eagle Gaming Llc, Creditor v. Emerald Outdoor Advert., LLC, 444 F.3d 1077 (9th Cir. 2006). “Our analysis focuses on 25 U.S.C. § 483a(a). To protect mortgagees that loan money to holders of Indian trust lands, § 483a(a) subjects the holder to foreclosure “in accordance with the laws of the tribe which has jurisdiction over such land or, in the case where no tribal…”
Emerald v. Harrison (9th Cir. 2006). “See 25 U.S.C. § 483a(a). In 1994, Busi- ness Finance Corporation (“BFC”) agreed to loan Hargrove money if she executed a deed of trust in its favor.”
Wilkinson v. United States, 314 F. Supp. 2d 902 (D.N.D. 2004). “To secure these loans, the Wilkinsons mortgaged their interest in the land as allowed under 25 U.S.C. § 483a. 1 In addi *904 tion, the Wilkinsons signed standard BIA forms entitled “Assignment of Income from Trust Property” in favor of the Farm Service Agency (FSA).”
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