25 USC 5902 - Mortgage review and processing

Collapse to view only § 5902. Mortgage review and processing

§ 5901. Definitions
§ 5902. Mortgage review and processing
§ 5903. Establishment of Realty Ombudsman position

§ 5901. Definitions

In this chapter:

(1) Applicable Bureau office

The term “applicable Bureau office” means—

(A) a Regional office of the Bureau;

(B) an Agency office of the Bureau; or

(2) Bureau

(3) Director

(4) First certified title status report

(5) Indian land

(6) Land mortgage

The term “land mortgage” means a mortgage obtained by an individual Indian who owns a tract of trust land for the purpose of—

(A) home acquisition;

(B) home construction;

(D) economic development.

(7) Leasehold mortgage

(8) Mortgage package

(9) Relevant Federal agency

The term “relevant Federal agency” means any of the following Federal agencies that guarantee or make direct mortgage loans on Indian land:

(A) The Department of Agriculture.

(B) The Department of Housing and Urban Development.

(10) Right-of-way document

(11) Subsequent certified title status report

(Pub. L. 119–88, § 2, May 4, 2026, 140 Stat. 812.)

§ 5902. Mortgage review and processing

(a) Review and processing deadlines

(1) In general

(2) Preliminary review

(A) In general

(B) Incomplete documents

(3) Approval or disapproval

(A) Leasehold mortgages

(B) Right-of-way documents

(D) RequirementsThe determination of whether to approve or disapprove a residential leasehold mortgage or business leasehold mortgage under subparagraph (A), a right-of-way document under subparagraph (B), or a land mortgage under subparagraph (C)—

(i) shall be in writing; and

(ii) in the case of a determination to disapprove a residential leasehold mortgage, business leasehold mortgage, right-of-way document, or land mortgage shall, state the basis for the determination.

(E) Application

(4) Certified title status reports

(A) Completion of reports

(i) In generalNot later than 10 calendar days after the applicable Bureau office approves a residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document under paragraph (3), the applicable Bureau office shall complete the processing of, as applicable—(I) a first certified title status report, if a first certified title status report was not completed prior to the approval of the residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document; and(II) a subsequent certified title status report.

(ii) Requests for first certified title status reports

(B) Notice

(i) In general

(ii) Form of noticeThe applicable Bureau office shall give notice under clause (i)—(I) electronically through secure, encryption software; and(II) through the United States mail.

(iii) Option to opt out

(b) Notices

(1) In generalIf the applicable Bureau office does not complete the review and processing of mortgage packages under subsection (a) (including any corresponding first certified title status report or subsequent certified title status report under paragraph (4) of that subsection) by the applicable deadline described in that subsection, immediately after missing the deadline, the applicable Bureau office shall provide notice of the delay in review and processing to—

(A) the party that submitted the mortgage package or requested the first certified title status report; and

(B) the lender for which the mortgage package (including any corresponding first certified title status report or subsequent certified title status report) is being requested.

(2) Requests for updates

(c) Delivery of first and subsequent certified title status reportsNotwithstanding any other provision of law, any first certified title status report and any subsequent certified title status report, as applicable, shall be delivered directly to—

(1) the lender;

(2) any local or regional agency office of the Bureau that requests the first certified title status report or subsequent certified title status report;

(3) in the case of a proposed residential leasehold mortgage or land mortgage, the relevant Federal agency that insures or guarantees the loan; and

(4) if requested, any individual or entity described in section 150.303 of title 25, Code of Federal Regulations (as in effect on May 4, 2026).

(d) Access to Trust Asset and Accounting Management System (TAAMS)

(e) Annual report

(1) In generalNot later than March 1 of each calendar year, the Director shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing—

(A) for the most recent calendar year, the number of requests received to complete residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages (including any requests for corresponding first certified title status reports and subsequent certified title status reports), including a detailed description of—

(i) requests that were and were not successfully completed by the applicable deadline described in subsection (a) by each applicable Bureau office; and

(ii) the reasons for each applicable Bureau office not meeting any applicable deadlines; and

(B) the length of time needed by each applicable Bureau office during the most recent calendar year to provide the notices required under subsection (b)(1).

(2) Requirement

(f) GAO studyNot later than 1 year after May 4, 2026, the Comptroller General of the United States shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes—

(1) an evaluation of the need for residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages of each Indian Tribe to be digitized for the purpose of streamlining and expediting the completion of mortgage packages for residential mortgages on Indian land (including the corresponding first certified title status reports and subsequent certified title status reports); and

(2) an estimate of the time and total cost necessary for Indian Tribes to digitize the records described in paragraph (1), in conjunction with assistance in that digitization from the Bureau.

(Pub. L. 119–88, § 3, May 4, 2026, 140 Stat. 813.)

§ 5903. Establishment of Realty Ombudsman position

(a) In general

(b) FunctionsThe Realty Ombudsman shall—

(1) ensure that the applicable Bureau offices are meeting the mortgage review and processing deadlines established by section 5902(a) of this title;

(2) ensure that the applicable Bureau offices comply with the notices required under subsections (a) and (b) of section 5902 of this title;

(3) serve as a liaison to other Federal agencies, including by—

(A) ensuring the Bureau is responsive to all of the inquiries from the relevant Federal agencies; and

(B) helping to facilitate communications between the relevant Federal agencies and the Bureau on matters relating to mortgages on Indian land;

(4) receive inquiries, questions, and complaints directly from Indian Tribes, members of Indian Tribes, and lenders in regard to executed residential leasehold mortgages, business leasehold mortgages, land mortgages, or right-of-way documents; and

(5) serve as the intermediary between the Indian Tribes, members of Indian Tribes, and lenders and the Bureau in responding to inquiries and questions and resolving complaints.

(Pub. L. 119–88, § 4, May 4, 2026, 140 Stat. 816.)