Need Help with Land Patent-Eviction

[yebliker]

My understanding is that a land patent is only valid when it is registered on land with no encumbrances (taxes due, mortgage balance etc.) If a bank can show that there was a balance owing when the patent was complete, it will probably be invalid. I speak from what I've read, not from experience, so take it with a grain of a salt, but I have read so.
-yebliker

[trooper2ls]

When a land patent is properly "brought forward" into your name there is a public notice process involved. So it is my understanding that if nobody contested the notice and you served it properly.. then it is their own fault for not contesting the notice. Banks hire clipping services for the legal sections of all the major papers specifically for that purpose.

So if you met the legal requirement for public notice, have proof, and filed the completed package with the county.. it will hold up in court.

..J

[bella]

Originally Posted by trooper2ls

When a land patent is properly "brought forward" into your name there is a public notice process involved. So it is my understanding that if nobody contested the notice and you served it properly.. then it is their own fault for not contesting the notice. Banks hire clipping services for the legal sections of all the major papers specifically for that purpose.

So if you met the legal requirement for public notice, have proof, and filed the completed package with the county.. it will hold up in court.

..J

Thanks again trooper2ls...GOD BLESS!!!

[Guesswhotoo6]

Refer to the Federal court decision of 1968, Mn "the Credit River Decision" The nature of the banking transaction may well be a fraud in your case based on the UCC definition of equitable exchange between you and the bank. They got your house and your personal equity in exchange for what? Debt notes put forth as a substitute for "money". They printed the IOU notes out of thin air, and thus have nothing equitable in the loan transaction. The courts state this quite clearly. Best of luck.

Originally Posted by bella

I have a land patent on my home. But, the bank hired a real estate agent to evict any resident living in the home so they can try to sell it. How can I stop this process. Please help...Thanks

[Lawdog]

Originally Posted by Guesswhotoo6

Refer to the Federal court decision of 1968, Mn "the Credit River Decision" The nature of the banking transaction may well be a fraud in your case based on the UCC definition of equitable exchange between you and the bank. They got your house and your personal equity in exchange for what? Debt notes put forth as a substitute for "money". They printed the IOU notes out of thin air, and thus have nothing equitable in the loan transaction. The courts state this quite clearly. Best of luck.

The Credit River nonsense (it doesn't merit being called a "decision"), was not only overturned by the Minnesota Supreme Court, they called it an absolute nullity since its inception, because a justice of the peace had no authority to grant that kind of relief. The JP in the case purported to grant equitable relief, and the Minnesota Supreme Court said that it had been illegal for JP courts to do that in Minnesota since 1861.

Don't bother citing it to a court. Just last year someone tried it in a federal district court in California against a bank. The judge told her it was of no precedential value whatsoever and warned her not to beat that dead horse any further.

See other threads for more details.

[bella]

Do you need to file a UCC when you do a land patent under a corporation name? What happens to the loan if it is in default. Not due to fraud but due to loss in job? Is there a way to do a reconstruction payment with the bank? Not in there terms though. In the terms of sending them a fair percentage of what you owe? Or is that not nessessary?

[Notorial dissent]

Save your time and money. The UCC has no standing in property transactions, and in fact could be seen as an act of fraud and bad faith by the mortgage holder. 1) you can’t file a UCC lien against yourself, and 2) a UCC lien is not valid against real estate. Your best option is to contact your lender and see if you can work out something with them because of the changed status, failing that you may have to resort to bankruptcy filing to get things changed.

[Lawdog]

Actually, there is one type of UCC lien that does relate to real estate...fixture filings. These are things that are attached to real estate but can be removed, such as (for example) certain kinds of farm equipment that may be bought on credit.

This type of lien gives the creditor the right to recover the fixture if you default, much like repossessing a car if you default.