DIVISION OF LAND TITLES RECORDS SOUTHWEST REGION

DIVISION OF LAND TITLES & RECORDS SOUTHWEST REGION – ALBUQUERQUE, NM AUGUST 23, 2014 1

BUREAU- REGIONS- DLTRS BUREAU OF INDIAN AFFAIRS 8 BUREAU DLTRs 12 REGIONAL OFFICES 6 TRIBAL DLTRs BUREAU AGENCIES 2

SOUTHWEST AREAS OF JURISDICTION States Served ◦ ◦ ◦ New Mexico Arizona Utah Colorado Nevada States Served – Portions thereof ◦ ◦ California Texas Idaho Oregon 3

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BUREAU OF INDIAN AFFAIRS HOME OWNERSHIP MORTGAGE PROCESSING HIGHLIGHTS 5

KEY PLAYERS IN THE MORTGAGE PROCESS Applicant - applies to Tribal Housing Authority for a homesite lease. Tribe - approves Applicant for HS lease and prepares Tribal Resolution. Tribe submits survey (legal description) to Home Agency (Realty) - assembles the homesite (HS) leasing package— environmental impact statement, Superintendent approval, encodes (data enters) data into trust system (TAAMS). Agency sends title request (TSR) via email to DLTR. Recording (DLTR): Agency submits approved document through TIR (TAAMS Image Repository) instantaneous to recorders. Mortgage documents approved by Agency Superintendent and submitted via TIR to DLTR for encoding and recording. DLTR - quality review of encoded lease and records document. TSR request is routed to title examination unit. Mortgage encoded into trust system. Certified TSR sent to Agency and/or Lender - verifies income, credit, employment. Lender requires approved HS lease with environmental clearance, and a TSR. BIA does not close loans. 6

BIA AGENCY-DLTR MORTGAGE PROCESSING RESPONSIBILITIES AGENCY DLTR • Agency is the primary contact for tribal housing entities and mortgage lenders in the initial stages of home ownership and mortgaging processing. • Agency is the primary client/customer of the DLTR. • Agency is the “middleman” between the tribes / lenders and DLTR. • DLTR is Indian Country’s “County Recording Office”—or title/abstract company. • DLTR is the final entity for determination of title documents that convey or encumber ownership on Indian land. 7

IMPROVEMENTS TO MORTGAGE PROCESS v v v Scanning the Lease/Mortgage documents from agency directly to LTRO via the TIR process (paperless). LTRO uses Google Docs for email to be sent to DLTR recorders for notification purposes. Notification from Agency that Title Report and/or document is a ‘Priority Recording’ is noted in the “Comments” section of the TIR process. Request for Title Report (TSR) sent via email to Title Examination Unit for immediate notification. The TSR is being automated in TAAMS, so that upon completion of examination, the report is “Certified” on-line and stored in the TIR. 8

MORTGAGE IMPROVEMENTS CONT’D v v The agency is notified that a ‘certified’ report is in TAAMS and they can retrieve the report directly from their work station (paperless). The ‘certified’ report can be sent to lenders, etc. from the Agency Realty Office. 9

WHERE LOANS ARE STALLED The legal description for HS lease cannot be plotted. Problems with Environmental Impact Statement; Agency has no realty personnel to encode the lease into TAAMS; Agency does not submit the lease via TIR to DLTR; DLTR is backlogged with submitted documents from 3 Regions (27 agencies) Agency does not send a request for a title report; The encoded lease document is incorrect and requires correction; 10