Navigate the Process of Home Loans
on Reservation or Trust Land
Working with the BIA
To obtain the borrower’s Certified
TSR, the borrower needs to contact
the BIA Realty office serving their
area. A listing of BIA Division of Land
Services regional offices can be found
online at:
http://bia.gov/WhoWeAre/BIA/OTS/
RealEstate/index.htm
The time it takes to obtain a Certified
TSR can vary greatly. Some BIA offices
can produce a Certified TSR in a
few weeks. Others may take several
months or more. Be sure the borrower
contacts their regional BIA Realty
office and orders the report as early as
possible in the loan process.
To help more enrolled Native Americans
and Alaskans enjoy the benefits of home
ownership, the HUD 184 program was
designed to allow loans on Native trust
lands. These loans have special
requirements that must be followed in
order to qualify for the loan.
In particular, HUD requires very specific
information about the status of the land
and, if appropriate, the tribal lease
agreement. Native trust lands are lands
held in trust by the Bureau of Indian
Affairs (BIA) for tribes or individual
Native Americans.
How is this different from
conventional loans?
Most home loans are “fee simple,” meaning the
borrower owns the land as well as the house on
the land. A title policy is ordered from a local
title company to determine ownership. The title
company researches county records to identify
the owner and determines if there are any deed
restrictions or liens against the property.
Loans on Native Trust Land
On Native American trust land, property
records are kept by the BIA, not the local county
recording office. In order to get the Certified
TSR instead of a title policy, the borrower
works with the BIA Realty office (Division
of Real Estate Services), not the local title
company.
All loans on trust land require a Certified
Title Status Report (Certified TSR)
from the BIA. This report reflects the
ownership of the property and identifies
encumbrances.
Whereas a title policy can take 30 to 45 days, a
Certified TSR can take much longer depending
on the ownership, survey status, and other
items effecting conveyances and encumbrances.
909 S. Meridian Ave
Oklahoma City, OK 73108
Phone 405.949.7000
Fax 405.947.3795
Toll Free 1.877.409.2265
www.bank2online.com/loans
Bank2 recommends asking the BIA
Realty office about their turnaround
time for the Certified TSR before
borrower applies for their home loan.
That way, if it takes more than 30 to
45 days, the borrower can delay their
loan application to coincide with the
expected delivery date of the report.
If the borrower experiences delays in
working with the BIA, the borrower
may want to ask their tribe or tribal
housing authority for assistance.
They usually have good working
relationships with the regional BIA
Realty office, and can sometimes help
speed up the process.
Whether the borrower is building a
new home, buying an existing one or
refinancing a current mortgage, they
need to get started on the Certified
TSR process as soon as possible.
HUD and the BIA will not approve
the loan without the Certified TSR.
Hud-184Experts.com
®
IB-184 Cor 4-16-F
Home Loans on
Reservation or Trust Land
Native trust lands are lands held in trust by the Bureau of Indian
Affairs (BIA) for tribes or individual Native Americans. They hold
the lands in a variety of ways but the two most common for loans to
Native Americans and Alaskans are:
Leasing
on Tribal
Allotted
LandsLand
- BIA holds in trust directly for an individual,
no lease. The individual has a true ownership interest in the land. As
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Leased Tribal Land- BIA holds the land in trust for the tribe
ment.
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are typically on a cost basis with no value to the land given.
the BIA for you as a part of your mortgage loan process.
Be Prepared
The HUD 184 program allows you to do what other loan programs
don’t—obtain home loans on tribal trust lands. But keep in mind
that it may take longer than conven�onal loans to obtain your
�tle report, so plan accordingly.
To minimize delays or missed deadlines:

Ask your BIA regional office how long it will take for them to
produce the report.
In Leasing
order to qualify
for the
184 loan program, HUD requires that
on Tribal
Land
 Submit your loan applica�on 30 to 45 days in advance of their
To qualify
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tribal
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lease.
include:
es�mated delivery date.
Be Prepared
have established a leasehold interest in the land on which the home
 will
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applicant
and
The HUD 184 program allows you to do what other loan
be located. The lease will be reflected on the Certified TSR.
 Check in with your BIA regional office every couple of weeks
programs don’t — obtain home loans on Native trust lands. But
approved by the BIA.
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goingthan
according
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keep intomind
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 with
Lease
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nego�ated
between
the
tribe
and
obtain the TSR and other tribal documents, so plan accordingly.
the Certified TSR and accompanying survey. The term of the lease
 If you run into delays, ask your tribal housing authority to
Base expectations on the TSR time line.
is the
longapplicant.
term. It is typically 25 years (with an automatic renewal of 25
lend a hand.
years) or 50 years. (It must be auto-renewable in order to qualify for
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assignments
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foreclosure.
a deep
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To learn
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loan program and can make the process far less complex and
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or email
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training and help you walk through your first loan on Native trust
[email protected]. Our loan originators have years of
lands.
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HUD
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order
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certain
provisions
be written
intoevent
the lease.
Basically, thethe
lease
guarantee
is in effect.
In the
of foreclosure,
lease
If you have questions about the HUD 184 loan process or loans
cannot be modified or the ownership interest transferred, assigned,
will not be subject to any forfeiture or reversion, and will not
�ons you may have.
on reservation or tribal land, call the Bank2 Mortgage Lending
terminated, reverted nor forfeited if the HUD guaranty is still in effect.
be otherwise
to termina�on.
Experts.
(These
are not allsubject
of the provisions.
Guidelines contain a copy of a
lease and more details) HUD reviews the lease agreement as part of
For more informa�on regarding trust land requirements, visit the
their review and underwrite of the loan.
If you have quesƟons about the HUD 184 loan process or loans
HUD website: h�p://portal.hud.gov/hudportal/HUD?src=/
on ReservaƟon or Tribal Land, call a Bank2 Mortgage Specialist
program_offices/public_indian_housing/ih/homeownership/184/
If
you
have
questions
about
the
HUD
184
loan
process
or
on reservation
or tribal land, call our
at loans
405.949.7000
or email [email protected].
leasing
Bank2 Mortgage Lending Experts.
Give us a call today at 877.409.2265 or email [email protected]
IB-184 Cor 4-16-F