Enforcing patent against County assessor

[saber8]

A land patent was filed with the county recorder on November 1, 2004. Never challenged in any court.
I have been getting notices of delinquent taxes and returned them reused for cause. A letter also sent to the County treasurer and assessor that the property was outside the jurisdiction of administrative governement,among other savory statements. The assessor has now noticed me of taking deed for taxes on November 2, 2005. and that all "back" taxes would be due in whole to retain property by the drop dead date of December 20,2005.
Has anyone anywhere have information on how best to approach this. I've considered a suit in Federal court for criminal slander of patent. or in the alternative can a Show cause hearing be done in federal court to demand the assessor show cause why the county should not move my property to the "PRIVATE PROPERY" rolls and out of the residential rolls.
Also, can the federal marshall's office be petitioned for protection. Can the Attorney General (state) be of asssistance? Anyone with experience in enforcing patents please post immediately. Any help would be greatly appreciated.

[citizensoldier]

You are responsible for any and all previous taxes on the real estate of your land resulting from the previous owner's contractual agreement to pay. To fully understand the land patent, you may want to review http://www.teamlawproductions.com/ph...wtopic.php?t=3.

Originally Posted by citizensoldier

You are responsible for any and all previous taxes on the real estate of your land resulting from the previous owner's contractual agreement to pay. To fully understand the land patent, you may want to review http://www.teamlawproductions.com/ph...topic.php?t=3.

Only if you received a discount on the purchase price reflecting the previous year and retroactive current year taxes in the purchase price would what Madsen says be valid. It is because you assumed the obligation of the previous owner. But where's the contractual obligation? I doubt the previous owner with full knowledge and intent ever signed such a thing. If there is one who in their right mind would agree to it? That is why most claim that it is IMPLIED . . . meaning . . . UNWRITTEN.

As I said in another thread:

I have NO MORTGAGE, I offered Gold or Silver, the seller wanted FRN's, I converted it, I have NO INSURANCE, I do not use the Publik Screwels, or library, or air port; I have no fire protection other than what my neighbors and myself are willing to volunteer and support by direct donation; I cannot vote because I refuse to "register", and I have a well documented claim to the original patent issued and signed by Andrew Jackson 10, Oct. 1833, in the 58th year of Independence Under the provisions of sale of public lands 24, April, 1820 with an Unbroken chain of ownership, from the original patentee to me, and the patent was even found documented in the records at the court house, (No need to go to the BLM, or archives).

Furthermore, I did not accept the discount nor the retroactive adjusted, I had the seller keep that responsibility. It was a pain in the @$$ because the Title company and everyone at the closing table put up a fight, then I had to deal with the idiots at the courthouse when they sent me the bill anyway and threatened to take the property. They told me it is common practice to discount the price and transfer the obligation and the title company should have ensured it was done at closing, I showed them the sales agreement and explained that I did not accept the obligations of the previous owner, had to wind up getting an attorney to help me navigate the legal waters and threaten to sue to get them to back down. Don't know if they ever got the money but if they didn't then there was at least 1 year and 2 months of "revenue" they lost. The first couple of years I battled with them, and never got anything eliminated but they did wind up lowering the assessment by 1/2 to get me to shut up, which it did and in hind sight I should have been more persistent but after about a thousand paper cuts I decided to back off.

I would still like to know though,

how, what, when, where, why, I am obligated to participate and support the political organization known as government other than by threat duress or coercion? . . . if there is no written contract I actually signed. If we're gonna play the implied consent game then where's the $50.00 face value in gold coin you owe me citizensoldier?

I expect no justice in court, but have been doing some research lately on the Rail Road property in the county. Will let y'all know what I find out. There might be an abatement issue that could be ajudicated, like you can't do for one and not the other. There are quite a few cases on the books dealing with due process and equal protection which may be of benefit should you be able to prove other properties are on the "non-tax" rolls if there is such a beast.

BTW I don't have insurance not because I didn't want it but after the company inspected and researched the records they would not insure the property. They would not give a reason just got a letter in the mail saying we respectfully decline insuring your property. Strange.

[mikah2k]

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[gldskr]

Originally posted by sagas4
Only if you received a discount on the purchase price reflecting the previous year and retroactive current year taxes in the purchase price would what Madsen says be valid. It is because you assumed the obligation of the previous owner. But where's the contractual obligation? I doubt the previous owner with full knowledge and intent ever signed such a thing. If there is one who in their right mind would agree to it? That is why most claim that it is IMPLIED . . . meaning . . . UNWRITTEN.

Receiving a discount on the purchase price is purely customary and reflects the time lag between the sales contract and the closing. Otherwise you are correct, it is because you assumed the obligation of the previous owner. The genesis of the contractual obligation could be 100 or more years old depending on when the taxing statute was enacted. Each subsequent buyer blindly accepts the obligation of the previous owner. Nothing sinister going on, it just shows that people back then were just as ignorant as people today.

The property tax clause is an express, NOT implied contract, the terms of which are the statutes imposing and enforcing the tax. It is however a renewable, or more correctly, voidable contract, in that the terms are adjusted yearly. This must be so because if the voidability were not built into the contract, such an open ended contract would be unconscionable and unenforcible.

I have found that the more I research this subject the simpler the solutions become. The reason that it seems so complex is because the drones on the other side of the issue are so ignorant and adamant about their position. There is no need to update a patent (which I previously believed), no need to transfer the property to remove the taxing clause (which I previously believed) or litigation, although the need to respond to such may be necessary. Your property tax bill is no different than any other bill you receive for services rendered and contracted for.

sagas4

You did everything right except in the end you gave in. The fact that they offered to cut the assessment in half should have turned on some light bulbs for you. After their intimidation was unsuccessful they wanted to bargain with you, still holding to their presumed lawful authority, to get you to sign on the dotted line. You do, however, still have a simple remedy, in my view. Send the county assessor a notarized " Notice of Intent to Cancel/Void Contract". Keep it as succinct and on point as possible and save any legal authority/ law /cites/evidence if and when it must be litigated. They will be liable for all attorney fees if they try to enforce a voided contract.

saber8

They never challenged your patent because what you did was of no consequence, it was a nullity. The property tax obligation is within the deed when the property is transferred. You are liable for any outstanding taxes up to Dec. 31st, 2005. Most states have a grace period for delinquent taxes of 2 to 3 years before a tax sale can occur. If you are strapped for cash pay the older year first, although interest will accrue on the rest. If you try to sue, the judge will look at the clause assigning the tax obligation and will dismiss the case.

mikah2k

You've got too much time on your hands.

citizensoldier

You can lead a horse to water, and sooner or later he's gonna get thirsty.


gldskr