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This is an interesting question. Generally speaking tribal court can only adjudicate cases in which the tribe would otherwise have the power to regulate. Congress has enumerated a limited set of issues that a tribe can regulate including matters involving its land (mortgages for real estate on Indian land), its governance, certain family law proceedings, disputes that arise within its territory. etc. The recent US Supreme Court case of A-1 Contractors v. Strate affirmed the principle that Indian tribal courts can only exercise subject matter jurisdiction over disputes involving subject matter which the tribe can regulate under federal law. Federal law does not give tribes the power to regulate commerce, therefore the conclusion would be that if there is a dispute over the loan such dispute would be heard in Federal court and not tribal court.
This area of law is not entirely settled and as evidenced by the recent supreme court case it changes. Therefore, it would be not be likely that a loan granted to a non-Indian outside Indian territory would be adjudicated in tribal court.
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This took sometime to research so a bonus would be greatly appreciated
But how does the federal govt allow the tribe to charge outrageous interest fees and makes loan co. inside the us be fined if they charge to much
That's a good question but it is different than the issue that you presented. From your perspective if you close on the loan outside tribal land you will likely be in state court in the event of breach
and not in tribal court
I trust this answered your question about which court such a matter would potentially be heard in
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