source:
  type: regulation
  id: hud-4000-1-programs-and-products-section-248-mortgages-on-indian-land
  authority: HUD Handbook 4000.1 — Programs and Products - Section 248 Mortgages on Indian Land (09/14/2015)
  description: "HUD Handbook 4000.1 section \"Programs and Products - Section 248 Mortgages on Indian\
    \ Land\". Gap-fill (verbatim, title-diff). \n"
obligations:
- id: hud-4000-1-programs-and-products-section-248-mortgages-on-indian-land-full
  canonical_id: hud-4000-1-programs-and-products-section-248-mortgages-on-indian-land-full
  section: HUD Handbook 4000.1
  description: "Programs and Products - Section 248 Mortgages on Indian Land: g. Section 248 Mortgages\
    \ on Indian Land (09/14/2015) \nA Section 248 Mortgage on Indian Land refers to a purchase or refinance\
    \ Mortgage \ncovering one- to four-family dwellings on Indian Lands. \nIndian Land refers to those\
    \ lands that are held by or for the benefit of Indian Tribes under \nsome restrict…"
  type: do
  tags:
  - regulator-direct
  - section-complete
  - hud
  - 4000-1
  - curated
  primary_source:
    tier: 1
    authority: HUD Handbook 4000.1 — Programs and Products - Section 248 Mortgages on Indian Land (09/14/2015)
    source_class: hud-handbook-4000-1
    source_url: https://www.hud.gov/hud-partners/single-family-handbook-4000
    snapshot_id: 8c03836f77f317e1
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:411430f29b13f9b54a2ebb0e6f6e7087ecd2b90d0da22eb0c8c792eaa2d7d0df
    paragraph_quote: "g. Section 248 Mortgages on Indian Land (09/14/2015) \nA Section 248 Mortgage on\
      \ Indian Land refers to a purchase or refinance Mortgage \ncovering one- to four-family dwellings\
      \ on Indian Lands. \nIndian Land refers to those lands that are held by or for the benefit of Indian\
      \ Tribes under \nsome restriction or with some attribute peculiar to the legal status of its owners.\
      \ \nIndian Tribe refers to any Indian or Alaskan native tribe, band, nation, or other organized\
      \ \ngroup or community of Indians or Alaskan natives recognized as eligible for the services \n\
      provided to Indians or Alaskan natives by the Secretary of Interior because of its status as \n\
      such an entity, or that was an eligible recipient under Chapter 67 of title 31, United States \n\
      Code, prior to the repeal of this section. \nThe Mortgagee must obtain documentation from the Indian/Native\
      \ American that the \nIndian Land/reservation has adopted eviction procedures acceptable to HUD.\
      \ \nThe Mortgagee must obtain a certification from the Indian Tribe confirming the \nIndian Land/reservations\
      \ compliance with HUD’s requirements. The Mortgagee must \ninclude the certification in the mortgage\
      \ file and take the following measures: \n• certify to HUD that it has adopted eviction procedures\
      \ and will enforce them; \n• permit HUD access to tribal lands for the purpose of servicing Properties;\
      \ \n• agree to the lease form that HUD prescribes; and \n• enact a law that grants the tribal government’s\
      \ court the jurisdiction to hear \nevictions and foreclosures so that FHA-insured and FHA-held Mortgages\
      \ can \nbe assured a first lien or provides that the law of the state in which the \nProperty is\
      \ located determines the priority of liens against the Property. If the \nreservation spans two\
      \ or more states, the state in which the Property is located \nis the applicable state law. \n(C)\
      \ Borrower Eligibility \nOnly an Indian Tribe or a member of the Indian Tribe may be a Borrower.\
      \ Where \nthere is a co-Borrower, at least one Borrower must be an Indian Tribe or a member of \n\
      the Indian Tribe. The Borrower must occupy the Property as their Principal \n\n \n(D) Property Eligibility\
      \ \nThe Property must be located on land held by the Indian Tribe or held by the United \nStates\
      \ government for the benefit of the Indian Tribe. \nUnits in cooperatives are not eligible. \nThe\
      \ Borrower must hold a Residential Lease for the Property. \n(E) First Lien Status \nThe Mortgage\
      \ must be secured by a first lien on the Property that has been filed with \nthe state recording\
      \ system and with the Bureau of Indian Affairs, U.S. Department of \nthe Interior. \n(F) Assumptions\
      \ \nThe Mortgagee cannot approve an assumption of a Mortgage secured by a Property \nlocated on\
      \ an Indian Land/reservation unless the Indian Tribe has approved the \nassumption or sale of the\
      \ rights to the Property securing the Mortgage. The \nMortgagee must comply with all requirements\
      \ for assumptions. \n(G) Lease and Mortgage \nThe model Lease and model Mortgage Rider must be used\
      \ in connection with any \nSection 248 Mortgages. Modifications may be made to the Section 248 rider\
      \ with \nFHA approval by emailing the FHA Resource Center at answers@hud.gov with the \nfollowing\
      \ subject line: Section 248 Lease Modification. \nThe term of the lease must be 25 years with a\
      \ provision for an automatic extension of \nan additional 25 years. \nThe lease must prohibit termination\
      \ by either or both parties while the Leasehold is \nmortgaged under Section 248. \niii. Underwriting\
      \ \n(A) Tribal Leasehold and Taxes \nThe Mortgagee must obtain tax information on the Leasehold\
      \ from the tribe and \ninclude the payment of such taxes in the calculation of the Borrower’s Mortgage\
      \ \nPayment as is done with local property taxes. \n(B) Mortgage Insurance Premiums \nThe Section\
      \ 248 program does not require an Upfront Mortgage Insurance Premium \n(UFMIP). Annual premiums\
      \ are found in Appendix 1.0 – Mortgage Insurance \nPremiums. \n\n \niv. Valuation \nThe Mortgagee\
      \ must ensure that the appraisal of the Property meets the requirements \nspecified in the appraisal\
      \ of Single Family Housing on Indian Lands section of the \nAppraiser requirements."
    drafter_attestation: Verbatim section from snapshot 8c03836f77f317e1; boundary human-curated + substring-verified
      (2026-07-23).
  judgment: false
