Hello, I will be assisting you.
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.
Thank you for allowing me to assist you
Please rate my answer.
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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).