4.09.060 Service of Process and Procedures

Any foreclosure complaint must be in writing, and must be delivered to the Borrower/Mortgagor in the following manner:

(a) Delivery must be made by an adult person and is effective when it is:

(1) Personally delivered to a Borrower/Mortgagor with a copy sent by mail, or

(2) Personally delivered to an adult living in the property with a copy sent by mail, or

(3) Personally delivered to an adult agent or employee of the Borrower/Mortgagor with a copy sent by mail.

(b) If the notice cannot be given by means of personal delivery, or the Borrower/Mortgagor cannot be found, the notice may be delivered by means of:

(1) Certified mail, return receipt requested, at the last known address of the Borrower/Mortgagor, or

(2) Securely taping a copy of the notice to the main entry door of the property in such a manner that it is not likely to blow away, and by posting a copy of the notice in some public place near the premises, including a tribal office, public store, or other commonly-frequented place and by sending a copy first class mail, postage prepaid, addressed to the Borrower/Mortgagor at the premises.

(c) The person giving notice must keep a copy of the notice and proof of service in accordance with this section, by affidavit or other manner recognized by law.