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Originally Posted by PJT04
Land Patents:
Back in 1983 and 1984, Carol Landi popularized an argument that the land patent was the highest and best form of title and that by updating the patent in your own name, you could defeat any mortgages. This contention violated many principles of real property and when Carol started trying to get patents for most of the land in California brought up into her own name, she went to jail. Others who have raised this crazy argument lost the issue.
1. Landi v. Phelps, 740 F.2d 710 (9th Cir. 1984)
2. Sui v. Landi, 209 Cal.Rptr. 449 (Cal.App. 1 Dist. 1985)
3. Hilgeford v. People's Bank, 607 F.Supp. 536 (N.D.Ind. 1985)
4. Nixon v. Individual Head of St. Joseph Mtg. Co., 612 F.Supp. 253 (N.D. Ind. 1985)
5. Nixon v. Phillipoff, 615 F.Supp. 890 (N.D. Ind. 1985)
6. Wisconsin v. Glick, 782 F.2d 670 (7th Cir. 1986)
7. Britt v. Federal Land Bank Ass'n. of St. Louis, 505 N.E.2d 387 (Ill. App. 1987).
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Even the casual reader can see where the actions of Carol Landi were based on greed and obvioulsy defied the concepts of obtaining land patents. However, the wrongs of one person or many people, do not and cannot override the prevailing language of the Law.
Within likelihood, Carol Landi, had no honest right to make a claim on any of the land, as she was neither an heir or an assign; nor was she in adverse possession of those lands.
If people were to simply read the laws, they would find that land can be brought forward into their names under the adverse possession law and in the case of heirs, land can also be brought forward into a current heirs name.
Bringing the patent forward into your name only becomes illegal when it is attempted through fraudulent means.
Jerry.