# HO-CHUNK NATION CODE (HCC)

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

HO-CHUNK NATION CODE (HCC)
TITLE 8 – HOUSING, REAL ESTATE AND
PROPERTY CODE SECTION 6 – TRIBAL LANDS
LENDING ACT
ENACTED BY LEGISLATURE: AUGUST 17, 2005
LAST AMENDED: December 19, 2023

CITE AS: 8 HCC § 6
This Act supersedes the Ho-Chunk Nation Tribal Lands Lending Code
enacted by Legislative Resolution 7/11/01A.
TABLE OF CONTENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.

Authority…..…………………………………1
Purpose…….…………………………………2
Scope…………………………………………2
Definitions ………………………………… 2
Lien Priority.………………………………....2
Recording of Mortgage Loan Documents…....2
Pre-Foreclosure Procedures……………….....4
Foreclosure Complaint and Summons……….5
Commencement of Foreclosure; Service
of Process and Expedited Procedures………..6
10. Cure of Default..……………………………..7
11. Judgment and Remedy…………..…………...7
12. Foreclosure Evictions………………..………7
13. No Mergers of Estates……………..………...9
14. Certified Mailing to Nation………..…….….10
15. Intervention…………...…………………….10
16. Appeals…………...…………………………10
1.

Authority.

a. Article V, Section 2(a) of the Constitution of the Ho-Chunk Nation (“Constitution”) grants
the Legislature the power to make laws, including codes, ordinances, resolutions, and statutes.
b. Article V, Section 2(b) of the Constitution grants the Legislature the power to establish
Executive Departments, and to delegate legislative powers to the Executive Branch to be
administered by such Departments, in accordance with the law; any Department established by the
Legislature shall be administered by the Executive; the Legislature reserves the power to review
any action taken by virtue of such delegated power.
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c. Article V, Section 2(d) of the Constitution grants the Legislature the power to authorize
expenditures by law and appropriate funds to the various Departments in an annual budget.
d. Article V, Section 2(i) of the Constitution grants the Legislature the power to negotiate
and enter into treaties, compacts, contracts, and agreements with other governments, organizations,
or individuals.
e. Article V, Section 2(l) of the Constitution grants the Legislature the power to enact laws
to manage, lease, permit, or otherwise deal with the Nation’s lands, interests in lands or other
assets.
f. Article V, Section 2(m) of the Constitution grants the Legislature the power to enact laws
to prevent the sale, disposition, or encumbrance of Ho-Chunk Lands or other Ho-Chunk assets.
g. Article V, Section 2(p) of the Constitution grants the Legislature the power to enact laws
to create and regulate a system of property including but not limited to use, title, deed, estate,
inheritance, transfer, conveyance and devise.
h. Article V, Section 2(x) of the Constitution grants the Legislature the power to enact any
other laws, ordinance, resolutions, and statutes necessary to exercise its legislative powers
delegated by the General Council pursuant to Article III including but not limited to the foregoing
list of powers.

2. Purpose. This Act shall govern lien priority, recording, foreclosure, and eviction of and under
leasehold mortgages on the Nation’s Tribal Lands.
3.

Scope.
a.

This Act shall apply to all mortgages on Tribal lands; provided that:

(1) In the case of the Nation’s Housing for the General Welfare of Veterans, Elders and
Non-Elders Act (HOP Act) (8 HCC § 5) or other financing of which the Nation is the holder of the
sole mortgage on the subject parcel, the application of this Act shall be limited as specifically
provided herein.
(2) If there is any conflict between this Act and HOP Act or other applicable Nation law
with respect to a mortgage of which the Nation is the sole mortgage holder, the HOP Act or other
applicable Nation law shall govern.
4. Definitions. For the purposes of this Act, the following definitions shall apply:
a. Certified Copy. A copy of a title document that is a true and correct copy of the title
document as recorded in the record of title and evidenced by an official seal.
b.

Foreclosure. A proceeding that extinguishes a Mortgagor’s right of redeeming a
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mortgaged estate.
c. Interested Party. A member or non-Indian individual or corporation, or tribal or non-tribal
government whose interests could be adversely affected by a decision of the Nation’s land.
d. Leasehold Mortgage. A mortgage, deed of trust, or other instrument that pledges a
Lessee’s leasehold interest as security for a debt or other obligation owed by the Lessee to a lender
or other mortgagee.
e.

Lien. A charge upon real property for the satisfaction of debt.

f. Mortgage. A lien on a Leasehold Estate given to secure advances on a loan to purchase,
construct, refinance, or renovate a Housing Unit or improvement, and may refer both to a security
instrument creating a lien, whether called a mortgage, deed of trust, security deed, or other term,
as well as the credit instrument, or note, secured thereby.
g. Mortgagee. Any person, entity, or government agency which lends under a Leasehold
Mortgage, and includes any assignee, or any heir, successor, executor, administrator, or assign
thereof.
h. Mortgagor. Any person or entity who has executed a Leasehold Mortgage, including any
heir, successor, executor, administrator, or assign thereof.
i. Public. Any Ho-Chunk tribal member or any interested party that has an interest in a
particular property.
j. Recording. Acceptance of a title document and entry into the record of title of a title
document by the Register of Deeds. An official Register of Deeds stamp affixed to the title
document provides evidence that the title document has been recorded.
k.

Register of Deeds Office. The Nation’s Register of Deeds Office.

l. TDHE. The Tribally Designated Housing Entity, Ho-Chunk Housing and Community
Development Agency, or its designated successor.
m. Tribal Lands. All lands that the Nation has jurisdiction over pursuant to Article I of the
Ho-Chunk Nation Constitution.

5.Lien Priority. All mortgage loans recorded in accordance with the recording procedures set
forth in this Act, including Leasehold Mortgages, and including loans made, guaranteed, insured,
or held by a governmental agency, shall have priority over any lien not perfected at the time of
such recording and any subsequent lien or claim excepting a lien or claim arising from a tribal
leasehold tax assessed after the recording of the mortgage. In those cases where the government
direct, guaranteed, or insured mortgage is created as a second mortgage, the loan shall assume that
position.

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6.

Recording of Mortgage Loan Documents.

a. The Nation’s Department of Administration shall maintain a system for the recording of
mortgage loans and such other documents as deemed necessary.
b. The Register of Deeds shall endorse upon any mortgage loan or other document received
for recording:
(1)

The date and time of receipt of the mortgage or other document.

(2) The filing number as assigned by the Register of Deeds, which shall be a unique
number for each mortgage or other document received.
(3) The name of the Register of Deeds or designee receiving the mortgage or document.
c. Upon completion of the above endorsements, the Register of Deeds shall make a true and
correct copy of the mortgage or other document and shall certify the copy as follows.
Ho-Chunk Nation
State of Wisconsin

)
)ss.
)

I certify that this is a true and correct copy of a document received for recording on this date. Given under my hand and
seal this
day of
, 20 .

(Signature)
(SEAL)
(Date)

d. The Register of Deeds shall maintain the copy in the Department of Administration and
shall return the original of the mortgage or other document to the person or entity that presented
the same for recording.
e. The Register of Deeds shall maintain a log of each mortgage loan or other document
recorded containing the following information.
(1) The name(s) of the Borrower/Mortgagor of each mortgage loan, identified as such.
(2) The name(s) of the Lender/Mortgagee of each mortgage loan, identified as such.
(3) The names(s) of the grantor(s), grantee(s), or other designation of each party named
in any other documents filed or recorded.
(4) The date and time of receipt.
(5) The filing number assigned.
(6) The name of the Register of Deeds or designee receiving the mortgage or document.

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f. The certified copies of the mortgage loan and other documents and the log maintained by
the Department of Administration shall be made available for inspection and copying by the public.
In the case of any mortgage loan or other document designated as confidential by the Legislature,
only the relevant portion of the log, not the mortgage or other documents, will be available to
inspection and copying. Rules for inspecting and copying, including fees, shall be established and
made available by the Department of Administration.
g. All mortgages will be recorded with the Bureau of Indian Affairs (BIA) in addition to any
Tribal recording provisions.
7. Pre-Foreclosure Procedures.
a. A Borrower shall be considered to be in default when he or she is thirty (30) days past due
on his or her mortgage payment(s) or is in violation of any covenant under the mortgage for more
than thirty (30) days to the Lender (i.e., the 31st day from payment due date). When a Borrower
is in default and before any foreclosure action is taken, the Lender shall take the following actions.
(1)
Shall diligently attempt to arrange a face-to-face interview with the Borrower. The
Lender may appoint an agent to arrange and conduct the face-to-face interview.
(2)
Document that the Lender has made at least three separate attempts to contact the
Borrower by phone and/or email (or the nearest phone as designated by the Borrower able to
receive and relay messages to the Borrower) for the purpose of trying to arrange a face-to-face
interview.
(3)
Document that the Lender was unsuccessful in making contact with the Borrower
by phone and/or email and therefore mailed a letter via certified mail, return-receipt requested, to
the Borrower to attempt to arrange a face-to-face interview.
(4)
Document that the Lender was unsuccessful in making contact with Borrower by
phone and/or email, and mail and therefore prominently posted on the mortgaged property a
request to arrange a face-to-face interview with the Borrower.
b. The Lender shall give notice to the Borrower, at least ten (10) days in advance before
initiating foreclosure action in the Nation's Trial Court, and the Lender shall give a copy of the
notice to the Nation's Department of Administration. The notice shall contain the following
information:
(1)
bureaus.

That information regarding the loan and default/delinquency will be given to credit

(2)
That homeownership counseling opportunities/programs are available through the
Lender or otherwise.
(3)

The availability of other assistance regarding the mortgage/default.

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(4)
Provide notice that if the Leasehold Mortgage remains past due on three (3)
installment payments, the Lender may ask the applicable governmental agency to accept
assignment of the Leasehold Mortgage if this is an option of the governmental program.
(5)
Provide notice of the qualifications for forbearance relief from the Lender, if any,
and that forbearance relief may be available from the government.
(6)
Provide the names and addresses of governmental officials to whom further
communications may be addressed, if any.
c. If a Borrower is past due on three (3) or more installment payments and the Lender has
complied with the procedures set forth above, the Lender may commence a foreclosure proceeding
in the Nation’s Trial Court by filing a verified complaint as set forth in Section 8.
d. If the sole Lender of the subject parcel is the Nation and HOP Act or other applicable
Nation law shall provide for an alternate pre-foreclosure procedure, said alternate pre-foreclosure
procedures shall apply in lieu of the above.
8. Foreclosure Complaint and Summons.
a. The verified complaint in a mortgage foreclosure proceeding shall contain the following:
(1) The name of the Borrower and each person or entity claiming through the Borrower
subsequent to the recording of the mortgage loan, including each Subordinate Lienholder (except
the Nation with respect to a claim for a tribal leasehold), as a defendant.
(2) A legal description and a physical address of the property subject to the mortgage
loan.
(3)

A concise statement of the facts concerning:
(a) The execution of the mortgage loan or, in the case of a Leasehold Mortgage, the

lease.
(b) The recording of the mortgage loan or the Leasehold mortgage.
(c) The alleged default(s) of the Borrower.
(d) Such other facts as may be necessary to constitute a cause of action.
(4) True and correct copies of each promissory note, mortgage, deed of trust, or other
recorded real property security instrument (each a “security instrument”) and any other documents
relating to the property and, if a Leasehold Mortgage, a copy of the lease and any assignment of
any of these documents.
(5) Any applicable allegations concerning relevant requirements and conditions
prescribed in any of the following:
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(a) Federal statutes and regulations.
(b) Ho-Chunk Nation Law.
(c) Provisions of the promissory note, security instrument, and, if a Leasehold
Mortgage, the lease.
b. The complaint shall be verified by the Ho-Chunk Nation Trial Court Clerk (Clerk of
Court), along with a summons specifying a date and time of appearance for the Defendant(s).
9. Commencement of Foreclosure; Service of Process and Expedited Procedures.
a. The Foreclosure Action shall be commenced by filing a complaint with the Clerk of Court
pursuant to Rule 3 of the Ho-Chunk Nation Rules of Civil Procedure (Rules). The Trial Court shall
have jurisdiction from the time the complaint is filed.
b. Pursuant to Rule 5(C)(1), a summons and copy of the complaint shall be personally served
on the Borrower by the bailiff, or if authorized by the Court, a law enforcement officer from any
jurisdiction or any other person not a party to the action who is eighteen (18) years of age or older.
Pursuant to Rule 5(D), the Court shall approve personal service by a professional process service
firm proposed by Lender absent any notice to the Court of a pattern of professional or ethical
misconduct by such firm from any source.
c. If the Court or the Lender , notwithstanding the exercise of due diligence, is unsuccessful
in pursuing personal service and in the interest of encouraging Lenders to make homeownership
loans to Tribal members, which the Legislature finds to constitute good cause per se, the Court
shall then permit service by either of the following:
(1) Delivery of service to the Borrowers/Mortgagor’s home of usual place of business or
employment to someone of suitable age and discretion over fourteen (14) years of age.
(2) Service by publication in accordance with Rule 5(C)(f).
d. In addition, pursuant to its authority under Rule 5(A), if it is the most likely to result in
actual notification of parties, the Court shall allow service by securely posting a copy of the notice
to the main entry door of the mortgage property in such a manner that it is not likely to blow away
and by posting a copy of the notice in some public place near the premises, including a Tribal
office, public store, branch office, or other commonly frequented place, and by sending a copy by
first-class mail, postage prepaid, addressed to the Borrower at the premises.
e. In order to meet the timeframe stated in Section 11, the Court shall schedule the action so
that a trial on the foreclosure claim (or hearing to decide a default motion) is held not later than
fifteen (15) days after the expiration of the twenty (20) day answer period allowed by Rule 6.
10. Cure of Default. Prior to the entry of judgment of foreclosure, any Borrower or a Subordinate
Lienholder may cure the default(s) under the Mortgage by making a full payment of the
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delinquency to the Lender and all reasonable legal and Court costs incurred in foreclosing on the
property. Any Subordinate Lienholder who has cured a default shall thereafter have included in
its lien the amount of all payments made by such Subordinate Lienholder to cure the default(s),
plus interest on such amounts at the rate stated in the note for the mortgage. There shall be no
right of redemption in any Leasehold Mortgage foreclosure proceeding.
11. Judgment and Remedy. This matter shall be heard and decided by the Court in a prompt
and reasonable time period not to exceed sixty (60) days from the date of service of the Complaint
on the Borrower. If the alleged default has not been cured at the time of trial and the Court finds
for the Lender, the Court shall enter the following judgment:
a. Foreclosing the interest of the Borrower and each other defendant, including Subordinate
Lienholder, in the mortgaged property; and
b. Granting title to the property to the Lender or the Lender’s designated assignee. In the
case of a Leasehold Mortgage, the Lease and the Leasehold Estate will be assigned to the Lender
or the Lender’s designated assignee, subject to the following provisions:
(1) The Lender shall give the Nation the right of first refusal on any acceptable offer
to purchase the Lease and the Lessee’s leasehold interest in the property described in the lease
which is subsequently obtained by the Lender or Lender’s designated assignee.
(2) The Lender or Lender’s designated assignee may only transfer, sell, or assign the
Lease and Lessee’s leasehold interest in the property described in the Lease to a Tribal member,
the Nation, or the TDHE, in accordance with the Ho-Chunk Nation Leasing Codes (8 HCC § 9, 8
HCC § 10, and 8 HCC § 11) and the Title Recording and Transfer Ordinance (8 HCC § 14).
(3) Until issues are resolved, U.S. Department of Housing and Urban Development
Federal Housing Administration Section 248 financing will not be considered.
12. Foreclosure Evictions. Foreclosure evictions shall be handled according to the general
eviction process that follows.
a. Jurisdiction. The provisions of this Section shall apply to all persons and property subject
to the governing authority of the Nation as established by the Constitution of the Ho-Chunk Nation,
the Ho-Chunk Nation Law, and applicable federal law.
b. Unlawful Detainer. A Lessee, Sublessee, or other occupant of a Leasehold Estate subject
to a Leasehold Mortgage shall be guilty of unlawful detainer if such person shall continue
occupancy of such Leasehold Estate without the requirement of any notice by the Lessor, after
such person’s Leasehold Estate has been foreclosed in a Leasehold Mortgage foreclosure
proceeding in the Nation’s Trial Court.
c. Complaint and Summons. The lender or the federal agency (which made, guaranteed, or
insured the mortgage loan) as appropriate, shall commence an action for unlawful detainer by
filing with the Court, in writing, the following documents:

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(1)

A complaint, signed by the lender or federal agency, or an agent or attorney on their

behalf:
(a)

Citing facts alleging jurisdiction of the Nation’s Trial Court.

(b) Naming as defendants the mortgagors and any other record owner (including
sublessees and subordinate lienholders), of which the complainant has record notice (except the
Nation with respect to a claim for a Tribal tax on the Leasehold Estate subject to the Leasehold
Mortgage).
(c)

Describing the Leasehold Estate subject to the Leasehold Mortgage.

(d) Stating the facts concerning (i) the execution of the lease and the Leasehold
Mortgage, (ii) the recording of the Leasehold Mortgage, and (iii) the facts upon which he or she
seeks to recover.
(e) Stating any claim for damages or compensation due from the persons to be evicted.
(f)

Otherwise satisfying the requirements of the Ho-Chunk Nation Rules of Civil

Procedure.
(2)
A copy of the summons, issued in accordance with established Ho-Chunk Nation
Rules of Civil Procedure, requiring the defendants to file a response to the complaint by the date
specified in the summons. The deadline specified in the summons for filing a response shall be
twenty (20) days from the date of service of the summons and complaint. The summons shall
notify the defendants that judgment will be taken against them in accordance with the terms of the
complaint unless they file a response with the Court by the date specified in the summons.
d. Service of Process and Expedited Procedures. The provisions regarding service of process
and expedited procedures described in Section 10 shall likewise apply to evictions in order to
produce a final judgment within sixty (60) days of service of the complaint, subject only to
continuances allowed pursuant to paragraph 11g, below.
e. Powers of the Trial Court.
(1)

The Nation’s Trial Court shall enter an Order of Repossession if:

(a) Notice of suit is given by service of summons and complaint in accordance with
the procedures provided herein;
(b) The Court finds during pre-trial motion proceedings or at trial that the Lessee,
Sublessee, or other occupant under color of law of the Leasehold Estate subject to the Leasehold
Mortgage is guilty of an act of unlawful detainer.
(2) Upon issuance of an Order of Repossession, the Court shall have the authority to enter
a judgment against the defendants for the following, as appropriate:

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(a) Back rent, unpaid utilities, and any other charges due to the Nation, including the
Department of Housing, TDHE, or Sublessor under any sublease or other written agreement
(except for a Leasehold Mortgage.
(b) All amounts secured by the Leasehold Mortgage that are due to the lender (or
federal agency).
(c)

Damages to the property caused by the defendants, other than ordinary wear and

tear.
(3) The Court shall have the authority to award to the prevailing party its costs and
reasonable attorney’s fees in bringing the suit.
f. Enforcement.
(1)
Upon issuance of an Order of Repossession by the Court, Nation tribal law
enforcement officers then shall help plaintiffs enforce the Order by evicting the defendants and
their personal property from the unlawfully occupied Leasehold Estate. If the Nation does not
have tribal law enforcement officers, the Court’s Order shall be delivered to the appropriate County
Sheriff for enforcement under the Wisconsin Full Faith and Credit Statute.
(2) In all cases involving the lender or federal agency, the Order shall be enforced no
later than forty-five (45) days after a pre-trial proceeding or trial in which the Court finds against
the defendants, subject to paragraph 11g, below.
g. Continuances in Cases Involving Lender or Federal Agency. Except by agreement of all
parties, there shall be no continuances in cases involving the lender or federal agency that will
interfere with the requirement that the Order of Repossession be enforced not later than forty-five
(45) days after a pre-trial proceeding or trial in which the Court finds against the defendants,
subject to the sound discretion of the Court.
13. No Merger of Estates. There shall be no merger of estates by reason of the execution of a
Lease or a Leasehold Mortgage or the assignment or assumption of the same, including an
assignment adjudged by the Court, or by operation of law, except as such merger may arise upon
satisfaction of the Leasehold Mortgage.
14. Certified Mailing to Nation. In any foreclosure proceedings on a Leasehold Mortgage
where the Nation is not named as a defendant, a copy of the summons and complaint shall be
mailed to the Nation by certified mail, return receipt requested, within five (5) calendar days after
the issuance of the summons. If the Lessor is not the Nation, this notice will also be mailed to the
Lessor at the same time the notice is mailed to the Nation. If the location of the Lessor cannot be
ascertained after reasonable inquiry, a copy of the summons and complaint shall be mailed to the
Lessor in care of the Superintendent of the applicable agency of the BIA.
15. Intervention. The Nation or any Lessor may petition the Court for permission to intervene
in any Lease or Leasehold Mortgage foreclosure proceeding under this Act. Neither the filing of a
petition for intervention by the Nation, nor the granting of such petition by the Court shall operate
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as a waiver of the sovereign immunity of the Nation, except as may be expressly authorized by the
Nation.
16. Appeals. Appeals under this Act shall be handled in accordance with the Nation’s Rules of
Appellate Procedure.
Legislative History:
7/11/01
11/24/04
6/10/05
8/13/05
8/17/05
10/24/23
12/19/23

Enacted by Legislative Resolution 7/11/01A.
Tribal Lands Lending Act reformatted IAW Legislative Resolution 11/16/04A as a Proposed Bill (8 HCC
§ 6) and submitted to the Office of the President for Executive Review and Coordination.
Legislature places Draft Bill out for 45-Day Public Review.
45-Day Public Review period ends. Comments provided by the Department of Housing.
Legislature adopts Tribal Lands Lending Act as 8 HCC § 6 by Legislative Resolution 8/17/05M.
Legislature places out for 45 Day Public Review, comment period expired 12/10/23.
Legislature adopt Tribal Lands Lending Act amendments by Legislative Resolution 12.19.23N.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aho-chunk%3A9858dc7837dd0830. Public record. Not legal advice.