attain allodial title even with mortgage?

[juststartingout]

I think i've read it here before.. but I'm not too good with the search engine on this site...

some friends were asking if they could still bring the land patent forward in their name even though they have a mortgage. They were told no by some friends and I read in at least one place that a person cannot obtain allodial title while there is a mortgage. hasn't thisw been discussed before? don't want to rehash old discussions and looking for a clear answer for my friends.

According to the latest laws governing the issue of Patents through the Bureau of Land Management, an alodial title cannot be obtained, because there is an automatic clause included that mandates the reservation of mineral rights to the government.

[juststartingout]

and allodial title is higher than the land patent???

but the land patent process can be done w/ mortgage?

A land patent can in fact be an alodial title,,, if all rights are passed over to the patentee. Otherwise it is not an alodial title.

Depending on the nature of the Law that implimented the Land Patent.. Check that Law.. In the case of the Homestead Act of 1863, Yes, the Patent can be 'brought forward' even though a WD is existing on the property (read the law).

Jerry.