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there have been a few private responses to the esarlier post suggesting a method to force the state to exempt a property. Below I have posted some heretofore private interchange, fyi:
forwarded copies of legal docs for reference purpose only- because are from various sources and need be adjusted your situation.
Worse case scenario, you have to foreclose on your own property to take the offical title back from the county. No harm done. Or it doesnt work, taxes keep accrueing but you leave the new situation as is, since your rights are as protected as before, maybe better.
Its a great way to hide ownership of a property...register it in the states name. Hide things in plain sight.
"I want to get the system itself to legally and quietly acknowledge the situation using their own rules. Thats why I urge you to research what makes a property exempt just by simple application. I like the idea of having it declared a 'homeless shelter'. Its true!
The method I proposed is another angle on that, to get the property declared 'exempt', by reason of public ownership. It would also exempt from many other things, like municipal liens for sewers and such. Or maybe they will just pay it themselves. Either way suits me.
The problem I see with other methods is that we end up sending off a bunch off 'notices' to various departments, certified mail, so we can argue later. Maybe we need to actually use the available forms to apply for the new status. For example, apply for a new social security card, or driver license, and make it subject to the accompanying affidavits, security agreements, commercial notice, or whatever. Write "attached docs must accompany in the signature line, subject to file #xxx" and so forth, just as I set out in this property tax process.
This way our papers get in their system direct and on the record. Its like a very detailed "non-assumpsit", or "a General No Warranty Agreement"
BTW- by doing this you could possibly beat a bank mortgage as well. If you foreclose on the house through your registered mortgage and security agrement, the porperty gets sold at auction and the mechanics lien comes first, and takes all the proceeds, by law.
If the bank forecloses on the house the same thing. So they might not want to do that, unless they want to contest the validity of the lien.
If they just foreclose on the title (non-judicial foreclosure) then your liens are intact, they lose their mortgage position, and you foreclose on THEM.
Either way it makes a you a prickly porcupine and could help.
What I have done successfully is answer a foreclosure attempt from the bank with an affidavit of specific negative averment, denying the existence of all parties, contracts, the state, everything. What the banks attorney did was file 'praecipe for new case', basically renew the case, start over, each time I did this, rather than answer my affidavit. And I in turn would file, 'Judicial Notice of the previous Affidavit', and we would play tag like that. It lasted for a year and then for personal reasons I had to leave the area so they ended up with the house. My liens are still there and I would like to go back to that area and try to foreclose on the present owner (the title insurance will cover it). the bank did a sloppy job (maybe on purpose) and never included my liens in their foreclosure process.
An aside- the same 'exemption' situation applies to transfer and sales taxes. Usually the form contains a list of 'exemptions', like 'transfer to county' , or 'transfer to trust', or 'transfer to secured party', all of which can be made to work in your favor.
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