Land Patents and Property Tax Abatement - Urban Myth or for Real?

[rottweiler]

Here, the mortgage company collects the payment and the tax.

Originally Posted by andrewmitch

Yes, the friendly lien is 2nd in line. But it will protect your equity.

For example, your house is worth 500K. You own 300K. You friendly lien 200K.

You lose the house to a tax lien. The town would have to sell the house for 500K so they can pay everyone back.

If you don't have the Friendly Lien the town coud sell the house for 300K, pay back the bank, and the you are SOL.

Right?

[andrewmitch]

I am not sure if that is relevant (that the mortgage company pays the tax) but I believe you can take the property taxes out of escrow and pay it yourself if you request it in writing.

[gldskr]

Not having the patience, knowledge or persistence to do what is necessary, andrew would prefer gimmickry to achieve his professed goals. Case in point is the supposed Friendly lien. This will of course be a real undertaking with a fictional outcome, simply put, a mind fart.

In the off chance that I have misjudged andrew, I apologize. He appears to be looking for a quick fix. But then, intellectual laziness is the plague of our times.

Had he taken the time to read his mortgage, he would have discovered that his Friendly lien is not possible without the permission of the mortgagee. He is also under the mistaken impression that the equity belongs to him as the possessary title holder. This is not the case, however, as the mortgage will show who the real beneficial owner is. As long as the mortgage remains outstanding the property belongs to the bank.

Experience surely is a good school, andrew and others like him will learn in no other.

gldskr

[andrewmitch]

Believe me, I am not being lazy. I have read my mortgage etc. I am being prudent - I am not going to jump into a pool before confirming there is water in it first!

[farmer_giles_of_ham]

You, or anyone with authority, can lien the property whenever you like. No contract with the mortgage company could ever eliminate this possiblility. Of course, "first in time, first in line", so the bank wins anyway- but mechanics liens come in front of mortgages.

Just liening the property wont stop a tax sale; they get paid first anyway. This is what happens with an auction- either only the title is sold, leaving all other liens intact, or there is a judicial clearing of debts against the property, and we all stand in line per lien priority to get the proceeds. Tax liens have priority over all other liens, period.

But the money issue comes to play here- I want to pay the claim at law, by right: either declare a pay-off statement in gold or silver, or refuse my offer to pay in full, and dishonor (void) the debt. (but they might cry 'contract!')

By liening the front-end, with a mechanics lien, and the back-end, with a friendly foreclosable mortgage, the bank (bank!)cant do anything with the house- unless they can void any of the liens (probably attack the validity of the mechanics lien).

But the mechanic's lien can only be voided by someone with standing ie- one of the parties thereto. So maybe the bank cant do anything about it...

If they foreclose on just the title, my friendly mortgage slides into first place (the bank trades it's interest for the title) and now I foreclose on them.

If they foreclose judicially, on the whole thing, then my mechanics lien gets paid first- I could buy the property right back at auction for the priority of my "unlimited dollars/100% interest" lien. Plus poundage to the sheriff, a thousand or so bux.

The thing to do is to string it out as long as possible with various incomplete bankruptcies, rejecting service of process, denying the personal jurisdiction, obfustication , social programs, refianceing, etc- it has to be a total approach in order to maximize your outcome.

[andrewmitch]

The point of the friendly lien was simply to protect your equity so in the event you lose you walk away with what you put into the house.

[andrewmitch]

I guess the solution to the mortgage is to secure private financing.

Also, from reading one of the posts can you be a "US citizen" and own your land in Allodium?

[Jerry Pitts]

Originally Posted by andrewmitch

I guess the solution to the mortgage is to secure private financing.

Also, from reading one of the posts can you be a "US citizen" and own your land in Allodium?

Direct answer; NO. In todays legal system, the USC plainly announces that all 'new' patents will suffer the burden of allowing the government to retain all mineral rights to the property and the property will still be subject to taxation under state law.

Jerry

[andrewmitch]

Jerry -

But that's statutory law. I thought the point was to bring the house under Common Law?

[Jerry Pitts]

Originally Posted by andrewmitch

Jerry -

But that's statutory law. I thought the point was to bring the house under Common Law?

Andrew, I have no dispute with your belief that the point is "to bring the house under Common Law." I am simply saying that the BLM is the only agency which can issue a 'land patent' under the US Laws, States can issue special documents, that have the same effect as a patent , on land that is already assigned to it as owner. In either case, the allodial aspect is negated, because both the state and feds are operating under statutory law with admiralty privileges utilized in their support. So if you obtain a patent from either, the presumption is that you knew the law, and therefore you are obligated to adhere to the law.

As to Common Law. A very strange subject and has several different meanings. At present time, the judiciary is operating under the premise that 'common law' is that law generated by judges and is 'common among them' due to the fact that they have usurped the bench from the people. Another such interpretation of 'common law' is that it is 'case law' that is already on the books. Again, looking at that situation, under the provisions of the Erie Railroad decision of 1938, the 'common law' was set aside and was replaced by 'public policy'.

Now what is 'common' law? Look at the base word 'common'; it has nothing to do with high-falooten, foreign language, words of artsy fartsy; it simply means without sophistication. Ah without sophistry. The common people do not use such language in day to day communications with one another, therefore, for common law to be recognized, then the common people are gonna have to get off their lazy butts and re-take the benches that have been so graciously handed over to the ones that are perverting the 'common law'.

Jerry