Tribal Housing Home Loan Program Development

The Problem: Our client needed to create note, mortgage, leasehold mortgage, and lease documents for their tribal housing entity’s home loan program.

The Challenge: The Tribe had a self-funded home loan program and was offering loans and mortgages on trust land, in which we needed to analyze the loan applications and convey the residential real estate.

The Solution: We performed extensive research into the Bureau of Indian Affairs leasing regulations related to residential leasing and leasehold mortgage requirements. We created an internal residential loan closing checklist for the housing entity, created notes, mortgages, and leasehold mortgages that could be used on fee land or trust land, and advised our client which documents would be recorded with the County and which documents would be recorded with the Tribe and the Bureau of Indian Affairs and Land Titles and Records Office.


Deep Insight for Land Consolidation Project

The Problem: Our client wanted to transfer ownership of its golf course and adjoining resort property from its holding company to its new corporate entity. They wanted to consolidate the parcels received over multiple years through nearly a dozen deeds and use as few deeds as possible.

The Challenge: The land was in Torrens and abstract recording systems. Some of the land had been transferred through warranty deeds, some through quit claim deeds. There was also an easement that needed to be transferred. Part of the land had been platted. Some new legal descriptions were needed. The land had been conveyed as part of a prior settlement agreement and the Examiner of Titles instructions had errors. Detailed recording instructions to the County Registrar and Examiner of Titles needed to be drafted to complete the recording.

The land title needed to be researched to confirm that all mechanics liens, mortgages, leases, and management agreements were either satisfied and terminated or the existing rights that we wanted to keep would transfer with the conveyance.

The Solution: The client appreciated that we had the knowledge to identify the unknown title issues and advise on how to address them so that land could be recorded. We worked extensively with the County Recorders office allowing the business entity to build a positive relationship with that county department, while also accomplishing our client’s goals.


Unique Solutions for a Complicated Land Purchase

The Problem: Our client wanted to purchase an existing golf course that was adjacent to the reservation and the tribe’s existing casino resort and convention center.

The Challenge: With over a dozen undeveloped residential lots included in the golf course purchase, there had also been multiple different owners of the land, along with several legal and environmental concerns related to the access and development of the residential lots. The property had previously gone through multiple foreclosures and had title issues that needed intensive research. The seller was located on the other side of the country, and the land transfer would require multiple transactions.

The solution: In order to protect the tribe from future litigation and claims, and to enable the tribe to convey the residential properties and the golf course in the future without Secretary of Interior approval, we created a tribally owned section 17 corporation. We drafted a charter and bylaws and worked with the Bureau of Indian Affairs agency office and regional office, ultimately obtaining approval from the Regional Director during the 2018 federal government shutdown during the week of Christmas.

We performed extensive research on the title issues and litigation regarding ownership and researched the rights of legal access to the properties and the prior litigation related to the same. We helped our client understand the brushing easements, golf course easements and rights of the golf course to cross and manage the lands.

We conducted the transaction due diligence. gathered business documents including governing documents of the owners, prior financials, tax documents, equipment and property list, employee information, intellectual property rights, contracts and agreements, and evaluated all and advised client on what would be part of the purchase and what should be terminated or did not transfer.

We conducted the transaction due diligence, gathered an extensive list of business documents and contracts, and evaluated all and advised client on what would be part of the purchase and what should be terminated or did not transfer.

The results: Our client appreciated the diligence in uncovering the legal and business management issues related to the transaction and thoroughly educating and advising them so they could move forward with the transaction in a sound business manner.


Kwe Law Firm First Year Reflections

Thank you to my clients. You have provided me with opportunities to hone my skills and to grow my practice. Your trust in, and support of me is the foundation of my success (OR your trust and support is what has enabled me to develop a foundation of skills) as a lawyer and in Kwe Law Firm completing a successful first year.

Thank you to my mentors and previous employers. You’ve provided me with invaluable guidance on how to manage a legal career and a law practice.

Thank you to my family and friends. Your support and faith in me has carried me through many difficult and exciting decisions. You’ve pushed me to continue to set goals, aim higher, and preserve in all my endeavors.

Without all of this support I would not enjoy the success I’ve achieved or have the happy and healthy family that I enjoy each day. To all of you, I am forever grateful.