Indian Lands

Indian Lands: Underwriting Guidelines

Prior to the issuance of any commitment or title policy insuring title to land now or formerly owned or occupied by an individual Indian, Indian tribe, or other Indian entity, the agent will need to provide the following information to the Company:


1.  A Title Status Report as provided by the Bureau of Indian Affairs (BIA). A Title Status Plat must also be obtained from the BIA. 

2.  The agent must determine that there is proper judicial authority for the lender to conduct foreclosure proceedings should the mortgagee need to foreclose on the Indian land in the future. 

3.  Should the agent determine that the state court does not have jurisdiction to conduct judicial foreclosure and non-judicial foreclosure remedy is unavailable, title insurance may not be issued. 

4.  The agent must consider the competency and/or authority of Indian entities and tribes to enter into specific transactions. 

5.  Verify that there is a consent to transfer the property issued by the Department of the Interior, Bureau of Indian Affairs (BIA) of record. 

6.  The full name of the tribe or organization. 

7.  A full copy of the charter or constitution, all amendments, and current bylaws and resolution. 

8.  Property was properly divested from the Indian entity. 

9.   Other off-record matters such as treaties or executive orders controlling or limiting the use and/or transfer of the land.