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Originally Posted by saber8
Has anyone researched the issue of continueing to pay a mortgage after securing land patent ? Does the monthly payment admit equitable title and / or vitiate the patent. I have heard of a document sent to the lienholder, under these circumstances, that basicly states that "ALL FURTHER PAYMENTS ARE PAYED UNDER PROTEST ........OR.........PAYED WITH RESERVATION...... OR PAYED AS EXCESS."...... Anyone know of any doc that would not admit eqitable title or to "owing" the mortgage debt. For the present time I want to continue payments but don't know of the ramifications (if any) of doing so.
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I KNOW OF NO ONE THAT HAS HAD ANY SUCCESS WITH LANDPATENTS. CHECK OUT THIS INFORMATION I FOUND TODAY INCLUDING THE CASES:
Land Patents:
Back in 1983 and 1984, Carol Landi popularized an argument that the land patent was the highest and best form of title and that by updating the patent in your own name, you could defeat any mortgages. This contention violated many principles of real property and when Carol started trying to get patents for most of the land in California brought up into her own name, she went to jail. Others who have raised this crazy argument lost the issue.
1. Landi v. Phelps, 740 F.2d 710 (9th Cir. 1984)
2. Sui v. Landi, 209 Cal.Rptr. 449 (Cal.App. 1 Dist. 1985)
3. Hilgeford v. People's Bank, 607 F.Supp. 536 (N.D.Ind. 1985)
4. Nixon v. Individual Head of St. Joseph Mtg. Co., 612 F.Supp. 253 (N.D. Ind. 1985)
5. Nixon v. Phillipoff, 615 F.Supp. 890 (N.D. Ind. 1985)
6. Wisconsin v. Glick, 782 F.2d 670 (7th Cir. 1986)
7. Britt v. Federal Land Bank Ass'n. of St. Louis, 505 N.E.2d 387 (Ill. App. 1987).
