I recently acquired an 1890 Homestead Act Land Grant that states that the land is patented and granted to the heirs and assignees forever. This is similar to the wording on the Land Patent found on the BLM's website (
www.blm.gov). The questions I have are these:
1: What is the difference between these documents? They seem to provide the same function and offer like wording, but my “legal council” says they both are worthless. If so, then why does MY Title Insurance exempt protection from Land Patent foreclosure/seizure if the documents are truly “Worthless”.
2: What is the significance and the mechanism for the BLM to hold this documentation instead of the original patentee when the Family held the Homestead Act paperwork?
2.b Why are there gaps in the BLM’s database and how does the State (Michigan, in this case) play a roll when they hold Land Patents in their Archives and why were they not surrended to the United States Government when I thought that this was a condition of acceptance as a State of the Union from that of a territory?
3: I have read and understand the mechanism for placing a claim against the original land patent and it seams to have some holes when showing clear title though the use of the Warranty Deed grant and the reliance of the Title Insurance to protect the abstract legitimately. The question is; is the possession of the Homestead Act Patent, honorably obtained from the last surviving heir, sufficient to begin pursuing "Allodial Title" as the lone bearer of this instrument?
3.a If pursuable, then what other transfer instruments are required to persue the patent claim and Allodial Title? (Quitclaim deed…) I have inquired with three different lawyers that deal with land claim disputes and have not been given satisfaction as to their opinion of the law, after not inconsiderable expense, by lack of referral to judgments rendered to support their opinion and rebut mine.
It is my hope that I have a document of more weight than that of Historical Significance and the intrinsic value there of, so I am making an inquiree to those who know.