§ 5-103. Foreclosure procedures.
A. A borrower/mortgagor shall be considered to be in default when he is thirty (30) days past-due on his mortgage payment(s) to the lender/mortgagee.
B. Before a borrower/mortgagor becomes ninety (90) days delinquent on his mortgage payments and before any foreclosure action or activity is initiated, the lender/mortgagee shall complete the following:
1. Make a reasonable effort to arrange a face-to-face interview with the borrower/mortgagor. This shall include at least one trip to meet with the borrower/mortgagor at the mortgaged property.
2. Lender/mortgagee shall document that he has made at least one phone call to the borrower/mortgagor (or the nearest phone as designated by the borrower/mortgagor, able to receive and relay messages to the borrower/mortgagor) for the purpose of trying to arrange a face-to-face interview.
C. Lender/mortgagee may appoint an agent to perform the services of arranging and conducting the face-to-face interview specified in this section.
D. Before the borrower/mortgagor has been delinquent for ninety (90) days and at least ten (10) days before initiating a foreclosure action in Osage Trial Court, the lender shall advise the borrower/mortgagor in writing by mail or by posting prominently on the unit, with a copy provided to the Osage Nation, as follows:
1. Advise the borrower/mortgagor that information regarding the loan and default will be given to credit bureaus.
2. Advise the borrower/mortgagor of homeownership counseling opportunities/programs available through the lender or otherwise.
3. Advise the borrower/mortgagor of other available assistance regarding the mortgage/default.
4. In addition to the preceding notification requirements when a leasehold or permit mortgage is involved: (a) notify the borrower/mortgager that if the leasehold or permit mortgage remains in default for more than ninety (90) days, the lender/mortgagee may ask the applicable governmental agency to accept assignment of the leasehold or permit mortgage if this is a requirement of the governmental program; (b) notify the borrower/mortgagor of the qualifications for forbearance relief from the lender/mortgagee, if any, and that forbearance relief may be available from the government if the mortgage is assigned; and (c) provide the borrower/mortgager with names and addresses of government officials to whom further communications may be addressed, if any.
E. If a borrower/mortgagor has been in default for ninety (90) days or more and the lender/mortgagee has complied with the procedures set forth in the first part of this section, the lender/mortgagee may commence a foreclosure proceeding in the Trial Court by filing a verified complaint as set forth in Section 5-104 of this Title. ONCA 11-41, eff. Apr. 12, 2011.