Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
The Indian Act has rules about loans on property located on a reserve.
Can I get a Mortgage On My House On a Reserve?
No, under the Indian Act a house on a reserve that belongs to someone who is registered as an Indian under the Indian Act or who is a member of the First Nation cannot be mortgaged. This protection does not apply if the house belongs to someone who is not a member or not defined as an Indian under the Act
Can a Lender Take Back Something I Have a Loan On?
No loan for anything on the reserve can allow the lender to take back the item. Sellers can take something back if they sell it conditionally. This means they still own it or have a right to it until it is fully paid for. These rules do not apply if the lender is an Indian as defined in the Indian Act, a First Nation Member or the First Nation.
