---
kind: "section"
citation: "25 U.S.C. § 5902"
title: "25"
title_heading: "Indians"
number: "5902"
heading: "Mortgage review and processing"
release: "119-102"
url: "https://uscodex.org/usc/25/5902"
units:
  - "Chapter 51 — Tribal Trust Land Homeownership"
---

# §5902. Mortgage review and processing

- (a) **Review and processing deadlines—**
  - (1) **In general—** As soon as practicable after receiving a proposed residential [leasehold mortgage](/usc/25/5901.md?p=7), business [leasehold mortgage](/usc/25/5901.md?p=7), [land mortgage](/usc/25/5901.md?p=6), or [right-of-way document](/usc/25/5901.md?p=10), the [applicable Bureau office](/usc/25/5901.md?p=1) shall notify the lender that the proposed residential [leasehold mortgage](/usc/25/5901.md?p=7), business [leasehold mortgage](/usc/25/5901.md?p=7), or [right-of-way document](/usc/25/5901.md?p=10) has been received.
  - (2) **Preliminary review—**
    - (A) **In general—** Not later than 10 calendar days after receipt of a proposed residential [leasehold mortgage](/usc/25/5901.md?p=7), business [leasehold mortgage](/usc/25/5901.md?p=7), [land mortgage](/usc/25/5901.md?p=6), or [right-of-way document](/usc/25/5901.md?p=10), the [applicable Bureau office](/usc/25/5901.md?p=1) shall conduct and complete a preliminary review of the residential [leasehold mortgage](/usc/25/5901.md?p=7), business [leasehold mortgage](/usc/25/5901.md?p=7), [land mortgage](/usc/25/5901.md?p=6), or [right-of-way document](/usc/25/5901.md?p=10) to verify that all required documents are included.
    - (B) **Incomplete documents—** As soon as practicable, but not more than 2 calendar days, after finding that any required documents are missing under [subparagraph (A)](#a-2-A), the [applicable Bureau office](/usc/25/5901.md?p=1) shall notify the lender of the missing documents.
  - (3) **Approval or disapproval—**
    - (A) **Leasehold mortgages—** Not later than 20 calendar days after receipt of a complete executed residential [leasehold mortgage](/usc/25/5901.md?p=7) or business [leasehold mortgage](/usc/25/5901.md?p=7), proof of required consents, and other required documentation, the [applicable Bureau office](/usc/25/5901.md?p=1) shall approve or disapprove the residential [leasehold mortgage](/usc/25/5901.md?p=7) or business [leasehold mortgage](/usc/25/5901.md?p=7).
    - (B) **Right-of-way documents—** Not later than 30 calendar days after receipt of a complete executed [right-of-way document](/usc/25/5901.md?p=10), proof of required consents, and other required documentation, the [applicable Bureau office](/usc/25/5901.md?p=1) shall approve or disapprove the [right-of-way document](/usc/25/5901.md?p=10).
    - (C) **Land mortgages—** Not later than 30 calendar days after receipt of a complete executed [land mortgage](/usc/25/5901.md?p=6), proof of required consents, and other required documentation, the [applicable Bureau office](/usc/25/5901.md?p=1) shall approve or disapprove the [land mortgage](/usc/25/5901.md?p=6).
    - (D) **Requirements—** The determination of whether to approve or disapprove a residential [leasehold mortgage](/usc/25/5901.md?p=7) or business [leasehold mortgage](/usc/25/5901.md?p=7) under [subparagraph (A)](#a-3-A), a [right-of-way document](/usc/25/5901.md?p=10) under [subparagraph (B)](#a-3-B), or a [land mortgage](/usc/25/5901.md?p=6) under [subparagraph (C)](#a-3-C)—
      - (i) shall be in writing; and
      - (ii) in the case of a determination to disapprove a residential [leasehold mortgage](/usc/25/5901.md?p=7), business [leasehold mortgage](/usc/25/5901.md?p=7), [right-of-way document](/usc/25/5901.md?p=10), or [land mortgage](/usc/25/5901.md?p=6) shall, state the basis for the determination.
    - (E) **Application—** This paragraph shall not apply to a residential [leasehold mortgage](/usc/25/5901.md?p=7) or business [leasehold mortgage](/usc/25/5901.md?p=7) with respect to [Indian land](/usc/25/5901.md?p=5) in cases in which the applicant for the residential [leasehold mortgage](/usc/25/5901.md?p=7) or business [leasehold mortgage](/usc/25/5901.md?p=7) is an [Indian tribe](/usc/25/81.md?p=a-2) (as defined in subsection (d) of [section 415 of this title](/usc/25/415.md)) that has been approved for leasing under [subsection (h)](/usc/25/415.md?p=h) of that section.
  - (4) **Certified title status reports—**
    - (A) **Completion of reports—**
      - (i) **In general—** Not later than 10 calendar days after the [applicable Bureau office](/usc/25/5901.md?p=1) approves a residential [leasehold mortgage](/usc/25/5901.md?p=7), business [leasehold mortgage](/usc/25/5901.md?p=7), [land mortgage](/usc/25/5901.md?p=6), or [right-of-way document](/usc/25/5901.md?p=10) under [paragraph (3)](#a-3), the [applicable Bureau office](/usc/25/5901.md?p=1) shall complete the processing of, as applicable—
        - (I) a [first certified title status report](/usc/25/5901.md?p=4), if a [first certified title status report](/usc/25/5901.md?p=4) was not completed prior to the approval of the residential [leasehold mortgage](/usc/25/5901.md?p=7), business [leasehold mortgage](/usc/25/5901.md?p=7), [land mortgage](/usc/25/5901.md?p=6), or [right-of-way document](/usc/25/5901.md?p=10); and
        - (II) a [subsequent certified title status report](/usc/25/5901.md?p=11).
      - (ii) **Requests for first certified title status reports—** Notwithstanding [clause (i)](#a-4-A-i), not later than 14 calendar days after the [applicable Bureau office](/usc/25/5901.md?p=1) receives a request for a [first certified title status report](/usc/25/5901.md?p=4) from an applicant for a residential [leasehold mortgage](/usc/25/5901.md?p=7), business [leasehold mortgage](/usc/25/5901.md?p=7), [land mortgage](/usc/25/5901.md?p=6), or [right-of-way document](/usc/25/5901.md?p=10) under [paragraph (1)](#a-1), the [applicable Bureau office](/usc/25/5901.md?p=1) shall complete the processing of the [first certified title status report](/usc/25/5901.md?p=4).
    - (B) **Notice—**
      - (i) **In general—** As soon as practicable after completion of the processing of, as applicable, a [first certified title status report](/usc/25/5901.md?p=4) or a [subsequent certified title status report](/usc/25/5901.md?p=11) under [subparagraph (A)](#a-4-A), but by not later than the applicable deadline described in that subparagraph, the [applicable Bureau office](/usc/25/5901.md?p=1) shall give notice of the completion to the lender.
      - (ii) **Form of notice—** The [applicable Bureau office](/usc/25/5901.md?p=1) shall give notice under [clause (i)](#a-4-B-i)—
        - (I) electronically through secure, encryption software; and
        - (II) through the United States mail.
      - (iii) **Option to opt out—** The lender may opt out of receiving notice electronically under [clause (ii)(I)](#a-4-B-ii-I).
- (b) **Notices—**
  - (1) **In general—** If the [applicable Bureau office](/usc/25/5901.md?p=1) does not complete the review and processing of [mortgage packages](/usc/25/5901.md?p=8) under [subsection (a)](#a) (including any corresponding [first certified title status report](/usc/25/5901.md?p=4) or [subsequent certified title status report](/usc/25/5901.md?p=11) under [paragraph (4)](#a-4) of that subsection) by the applicable deadline described in that subsection, immediately after missing the deadline, the [applicable Bureau office](/usc/25/5901.md?p=1) shall provide notice of the delay in review and processing to—
    - (A) the party that submitted the [mortgage package](/usc/25/5901.md?p=8) or requested the [first certified title status report](/usc/25/5901.md?p=4); and
    - (B) the lender for which the [mortgage package](/usc/25/5901.md?p=8) (including any corresponding [first certified title status report](/usc/25/5901.md?p=4) or [subsequent certified title status report](/usc/25/5901.md?p=11)) is being requested.
  - (2) **Requests for updates—** In addition to providing the notices required under [paragraph (1)](#b-1), not later than 2 calendar days after receiving a relevant inquiry with respect to a submitted [mortgage package](/usc/25/5901.md?p=8) from the party that submitted the [mortgage package](/usc/25/5901.md?p=8) or the lender for which the [mortgage package](/usc/25/5901.md?p=8) (including any corresponding [first certified title status report](/usc/25/5901.md?p=4) or [subsequent certified title status report](/usc/25/5901.md?p=11)) is being requested or an inquiry with respect to a requested [first certified title status report](/usc/25/5901.md?p=4) from the party that requested the [first certified title status report](/usc/25/5901.md?p=4), the [applicable Bureau office](/usc/25/5901.md?p=1) shall respond to the inquiry.
- (c) **Delivery of first and subsequent certified title status reports—** Notwithstanding any other provision of law, any [first certified title status report](/usc/25/5901.md?p=4) and any [subsequent certified title status report](/usc/25/5901.md?p=11), as applicable, shall be delivered directly to—
  - (1) the lender;
  - (2) any local or regional agency [office](/usc/25/4001.md?p=4) of the [Bureau](/usc/25/5901.md?p=2) that requests the [first certified title status report](/usc/25/5901.md?p=4) or [subsequent certified title status report](/usc/25/5901.md?p=11);
  - (3) in the case of a proposed residential [leasehold mortgage](/usc/25/5901.md?p=7) or [land mortgage](/usc/25/5901.md?p=6), the [relevant Federal agency](/usc/25/5901.md?p=9) 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](/cfr/25/150.303.md) (as in effect on May 4, 2026).
- (d) **Access to Trust Asset and Accounting Management System (TAAMS)—** Beginning on May 4, 2026, the [relevant Federal agencies](/usc/25/5901.md?p=9) and [Indian Tribes](/usc/25/81.md?p=a-2) shall have read-only access to portals containing the relevant land documents from the Trust Asset and Accounting Management System (commonly known as “TAAMS”) maintained by the [Bureau](/usc/25/5901.md?p=2).
- (e) **Annual report—**
  - (1) **In general—** Not later than March 1 of each calendar year, the [Director](/usc/25/5901.md?p=3) shall submit to the [Committee](/usc/25/5411.md?p=3) on [Indian](/usc/25/1934.md) Affairs of the Senate and the [Committee](/usc/25/5411.md?p=3) 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](/usc/25/5901.md?p=7) packages, business [leasehold mortgage](/usc/25/5901.md?p=7) packages, [land mortgage](/usc/25/5901.md?p=6) packages, and [right-of-way document](/usc/25/5901.md?p=10) packages (including any requests for corresponding [first certified title status reports](/usc/25/5901.md?p=4) and [subsequent certified title status reports](/usc/25/5901.md?p=11)), including a detailed description of—
      - (i) requests that were and were not successfully completed by the applicable deadline described in [subsection (a)](#a) by each [applicable Bureau office](/usc/25/5901.md?p=1); and
      - (ii) the reasons for each [applicable Bureau office](/usc/25/5901.md?p=1) not meeting any applicable deadlines; and
    - (B) the length of time needed by each [applicable Bureau office](/usc/25/5901.md?p=1) during the most recent calendar year to provide the notices required under [subsection (b)(1)](#b-1).
  - (2) **Requirement—** In submitting the report required under [paragraph (1)](#e-1), the [Director](/usc/25/5901.md?p=3) shall maintain the confidentiality of personally identifiable information of the parties involved in requesting the completion of residential [leasehold mortgage](/usc/25/5901.md?p=7) packages, business [leasehold mortgage](/usc/25/5901.md?p=7) packages, [land mortgage](/usc/25/5901.md?p=6) packages, and [right-of-way document](/usc/25/5901.md?p=10) packages (including any corresponding [first certified title status reports](/usc/25/5901.md?p=4) and [subsequent certified title status reports](/usc/25/5901.md?p=11)).
- (f) **GAO study—** Not later than 1 year after May 4, 2026, the Comptroller General of the United States shall submit to the [Committee](/usc/25/5411.md?p=3) on [Indian](/usc/25/1934.md) Affairs of the Senate and the [Committee](/usc/25/5411.md?p=3) on Natural Resources of the House of Representatives a report that includes—
  - (1) an evaluation of the need for residential [leasehold mortgage](/usc/25/5901.md?p=7) packages, business [leasehold mortgage](/usc/25/5901.md?p=7) packages, [land mortgage](/usc/25/5901.md?p=6) packages, and [right-of-way document](/usc/25/5901.md?p=10) packages of each [Indian Tribe](/usc/25/81.md?p=a-2) to be digitized for the purpose of streamlining and expediting the completion of [mortgage packages](/usc/25/5901.md?p=8) for residential mortgages on [Indian land](/usc/25/5901.md?p=5) (including the corresponding [first certified title status reports](/usc/25/5901.md?p=4) and [subsequent certified title status reports](/usc/25/5901.md?p=11)); and
  - (2) an estimate of the time and total cost necessary for [Indian Tribes](/usc/25/81.md?p=a-2) to digitize the records described in [paragraph (1)](#f-1), in conjunction with assistance in that digitization from the [Bureau](/usc/25/5901.md?p=2).

## Source credit

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