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Old 03-17-2004, 09:19 AM
kgod999
 
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Foreclosure problem

i have a friend who is having problems getting their land patent in a hurry and they are worried because their house will be sold in 3 weeks at the courthouse. the homeowner is unemployed so i couldnt recommend a chapter 13 to hold off the sale. So, this is my suggestion, send a cpn or boe to discharge the debt, file the property on a ucc1, and then send a notice of defect of title to the sheriff, bank, attorney for the bank, and record a copy in the courthouse. My questions are: is it proper to do the notice before the sale and then pass out notices at the sale also, or do you have to& wait until the sale to notice people of the defect. The reason im confused about that is i have a example notice on my harddrive that had wording on it stating that the notice was passed out at the sale and then recorded after the sale. Sounds stupid to wait to me.
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Old 03-17-2004, 11:37 AM
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Ice Ice is offline
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Re:Foreclosure problem



I get tired of repeating myself....


You don't need anything special to file in regards to the Land Patent except the Patent Number.& There is no special process that must be done before filing an Affidavit asserting your rights in the Land Patent.


The assertion of rights is not even necessary if you have the Land Patent number simply because you can motion to dismiss any action regarding the land BASED ON THE LAND PATENT.& For that, all you need is the patent number.


Folks, if you don't OBJECT, then you have NO OBJECTION.& If you don't CLAIM YOU RIGHTS, then you HAVE NO RIGHTS.


UPON RECEIPT OF ANY NOTICE OF LEGAL ACTION -- MOTION TO DISMISS.& If you do not have the land patent number for your property... you need to discover what it is... regardless of your current situation.


Waiting until the last minute to "take care of business" is not the best strategy in the world.


kgod,


I would suggest&an attempt to vacate the judgment... based on the fact that the court had no jurisdiction... based on the Land Patent and any other facts you may want to add.


Also, consider an injunction to prevent the sale from going further due to the lack of jurisdiction on the Sheriffs part.& The land patent secures the land from any and all government administration -- that would include the Sheriff.


&
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Old 03-17-2004, 11:59 AM
Randy
 
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Re:Foreclosure problem



Hey, Ice...


Any links or directions you can send my way re "land patents"? This is another new area for me.


Thanks.


Randy
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Old 03-17-2004, 04:23 PM
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Jerseee Jerseee is offline
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Re:Foreclosure problem

Check the downloads section of this site.
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Old 03-17-2004, 04:32 PM
wirlwind wirlwind is offline
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Re:Foreclosure problem



There is also a good section on land patents on the Aware Group Site.& It has a step by step guide to file a land patent.& I think the site is


www.theawaregroup.com/landpatents.htm .


&


There might be some useful information there also.


wirlwind
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