I forgot to mention this in my prior post, but there is still another proof that the mortgage/title company is not the holder in due course is this simple fact.

If you look at the warranty deed itself, you will find a clause wherein the mortgage/title company is requiring the seller of the property to defend the title against all claims. So if you were the alleged owner of property and you decided to sell, and sold through a realty company, you would be requirred to defend the title against any and all claims that could be raised against the title. But who ever reads a contract prior to signing it... it is always "hurry up and sign.. oh that,, that is just a formality and has no real impact..." Of course, the purchaser as well as the seller are always eager to make the necessary arrangements so that business can continue as usual.

There is a parcel of land here in florida, which I have a certified true copy of the original Patent, in which I am an heir. The property was patented under the homestead act, and as such, stipulations were made in the homestead act as to how, when, and why the land could be sold.... and specifically states "and for no other reason." I am at this point attempting to find a way in which to remove the land from any equity status that may be held on it. I have contacted the property appraisor of that county, and he openly admitted - with stammering tongue - "uh uh uh that means that there will be no property tax on it." To which I simply stated with a smile on my face... 'that is correct'. He knows, or at least realizes that the hayday for that property has numbered days.

Jerry.