---
kind: "section"
citation: "24 C.F.R. § 203.438"
title: "24"
number: "203.438"
heading: "Mortgages on Indian land insured pursuant to section 248 of the National Housing Act."
url: "https://uscodex.org/cfr/24/203.438"
---

# §203.438. Mortgages on Indian land insured pursuant to section 248 of the National Housing Act.

- (a) **Exemptions.** The provisions of [§ 203.366](/cfr/24/203.366.md) shall not apply to mortgages insured pursuant to [section 248](/cfr/24/248.md) of the National Housing Act.
- (b) **Claim procedure.** In addition to other actions which the mortgagee may take pursuant to this subpart in order to receive insurance benefits, a mortgagee shall be entitled to receive such benefits on a mortgage insured under [§ 203.43h](/cfr/24/203.43h.md) when (1) the mortgagor is more than 90 days in default; (2) the mortgagee has submitted appropriate documentation to the Secretary in accordance with [§ 203.350(b)](/cfr/24/203.350.md?p=b); and (3) the Secretary has approved the assignment of the mortgage.
- (c) **Foreclosure by HUD.** HUD may initiate foreclosure proceedings with respect to any mortgage acquired under this section in a tribal court, a court of competent jurisdiction or Federal district court. If the mortgagor remains on the property following foreclosure, HUD may seek an eviction order from the court hearing the foreclosure action.

## Notes

### Amendments

[51 FR 21872, June 16, 1986, as amended at 61 FR 35019, July 3, 1996]

### Authority

Authority: 12 U.S.C. 1707, 1709, 1710, 1715b, 1715z-16, 1715u, and 1715z-21; 15 U.S.C. 1639c; 42 U.S.C. 3535(d).

### Source

Source: 36 FR 24508, Dec. 22, 1971, unless otherwise noted.

### Amendments

[51 FR 21872, June 16, 1986, as amended at 61 FR 35019, July 3, 1996]