"free and clear ownership" before land patent?

[theghost]

Originally Posted by jdogpupil

Anyone have a copy of this transfer tax stamp document ? It sounds like something I should read

I don't have a working scanner, but I'll describe the document here. It's 4 pages long, and acts much like a 1040. It's basically an affidavit, wherein you make several admissions as to the content of the document being true and correct, then you swear to it. Among those admissions are, that the property is a "residence" (a statutory term, not a good one) that it is "real property" , that it has a "legal Address", a P.I.N. #, etc. etc., you get the picture, and worst of all, it is a contract with the state department of revenue, wherein you agree to pay the transfer taxes from that point forward, as a result of your "registration", all completely voluntary, but do they tell you this? You already know the answer to that.

But here's the real kicker, in my situation, (don't know how this works in other states) this document was never presented to me for signature. It was prepared by the sellers attorney, wherein he typed my name in as buyer, allegedly agreeing to all these things, filed it, then sent me a copy!

While I'll admit, had it been presented to me back then (9 years ago) I probably would have signed it out of ignorance, just because he told me I had to, like millions do every year I'm sure. But when I recently pulled this document from my dusty files, it made me sick, based on my current knowledge of these things.

I would be very surprised if there was a single state in this country that doesn't have the same, or very similar document. It's all a HUGE scam.

[manros]

Without signing/using the "transfer tax document"?

And how do the gov, the tax assessor, etc. knows the property belongs to you if it is not recorded?

What is the best way to proceed when you want to quik claim..?

How do you take your property off the county records? Is it a way to do this?

Thanks

[charlesa6]

[quote=manros]

Without signing/using the "transfer tax document"?

What do you mean? Be more specific.

And how do the gov, the tax assessor, etc. knows the property belongs to you if it is not recorded?

They don't no, they only know the previous owner who recorded the property before you if there is no Quit-to-claim deed recorded.

What is the best way to proceed when you want to quik claim..?

It's very easy. Go to your county recorder of deed office and request for Quit-to-claim deed form. Fill the form out with name of the person you want to Quit-to-claim deed to and have the person sign it and notaries it and you still have to recorded it for your protection.
Recording a deed, put "public on notice" that you have good title to your property.

How do you take your property off the county records? Is it a way to do this?

Taking your property off the county, you are not protected by zoning law, any entity can come in and take it away from you.

[Notorial dissent]

Originally Posted by manros

Without signing/using the "transfer tax document"?
Depends on if they even have such a thing where you live, but it will be filed one way or anohter.

And how do the gov, the tax assessor, etc. knows the property belongs to you if it is not recorded?
Ownership of property is based on what is filed with the county when the deed is recorded. If a new deed is not recorded, it will be assumed to belong to the registered owner. A recorded deed takes precedence over one not recorded.

What is the best way to proceed when you want to quik claim..?
Why would you want one? Presumably you got a deed from the previous owner when they sold it.

How do you take your property off the county records? Is it a way to do this?
You don’t. Each parcel is listed with the county and by the last owner of record, that will never go away. They will change the name on the registration when a new deed is recorded, but that is all that can and will ever happen.

Thanks

*********************

[robhalford88]

Originally Posted by jdogpupil

How can SaveUncleSam, the buyer, avoid contracting for property taxes? I don't understand how a contracting to pay property taxes is implicit in the sale of a home. I can grasp how to "pay off" the contract, but how to avoid it altogther?

Because their is no alloidial title, you don't and can't own the land. Therefore, the taxes you pay is their charge for enjoyment of land, not ownership of land.

[robhalford88]

Originally Posted by jdogpupil

Madsen, if that's who the author is, also describes paying with money - proper coin. Does this mean paying with FRNs is not sufficient?

No, it can't be. There is no consideration in FRNs so you can't ever own something, even if there are no impediments to ownership, if you 'pay' with FRNs.

[robhalford88]

Originally Posted by Notorial dissent

theghost
Being a registered voter or voting or not voting has exactly nothing to do with owning property or with the taxes laid thereon. Voting is a constitutional right subject to the laws of your state. property taxes are a result of state law, and you can find the one in your state by looking up the property tax statutes. Hate to burst your delusions bubbalah, if you were born within the boundaries of the united states, you are a US citizen, by law, and by custom, just as it has been since the founding of the Republic in 1789.

Congratulations, you are now aware of something that everyone else who didn’t sleep through Civics class has known since the 9th grade. Jurors have always been drawn from the voting list since the times of colonial government when you couldn’t vote or hold office unless you were a property owner. The 14th amendment has nothing to do with the paying of property taxes, or any other taxes for that matter.

The property tax lien is established in your state’s constitution and in your state’s statutes, you might try looking, it will be there, or you can always just ask the tax assessor, they will have the citations to the state law concerning property taxes. The tax liability always exists, regardless of what you are doing with the property. I think you maybe ought to read whatever the “transfer tax stamp document” is, we don’t have such things in my state, but we used to have a transfer tax, which was nothing more than a sales tax on land transfers, they no longer do it.

True, there is nothing that says you have to ever register title at all, but that won’t change the tax liability, it will just go to the former owner. The tax assessor assumes, by law, that whoever is the last listed owner of the property is the actual owner, and that is who they will notify. If the taxes aren’t paid the property will then be sold for taxes and you will lose it that way, whether you record the title or not. The last registered title takes precedence over any unregistered titles there may be.

Allodium as it is used in the context you are referring to means that it is held in fee simple not in feudal tenure, but that does not alter the State’s rights of eminent domain, or the tax liability that applies to all property. There is NO taxing clause in deeds, and there is no contractual agreement to pay taxes, it is all a matter of statute and always has been. If you will tell me what state you are in I will be happy to show you the property tax statutes.

Our government was and is a Republic as established by the Constitution in 1789, the voting base has changed over the centuries, but it still remains republican in format and makeup.

Indeed, but is the UNITED STATES OF AMERICA a republic or a democracy in PRACTISE? There is the trick.
Why does the federal government rant on about democracy all the time?

[Notorial dissent]

We are, and have been since the founding, a Republic, a democratic republic, but a republic none the less. What has changed since the founding is that the franchise has been expanded to more people in the last 200 odd years. If we were truly a “Democracy” everyone would have to vote on everything, and nothing at all would get done.

The gov’t speaks of democracy, because the average person has a great deal of say in what goes on in gov’t.

[mrg]

Originally Posted by Notorial dissent

The gov’t speaks of democracy, because the average person has a great deal of say in what goes on in gov’t.

Weak, thin, hollow, false.

A poor etching of a paper straw.

[robhalford88]

Originally Posted by Notorial dissent

We are, and have been since the founding, a Republic, a democratic republic, but a republic none the less. What has changed since the founding is that the franchise has been expanded to more people in the last 200 odd years. If we were truly a “Democracy” everyone would have to vote on everything, and nothing at all would get done.

The gov’t speaks of democracy, because the average person has a great deal of say in what goes on in gov’t.

Come on ND, don't try that crap here. You know that law is about the meaning of words, yet here you are mixing them up and thinking we won't notice?
1 Democratic republic = communist. Was that a slip?
2 You need to read what was written in the times before the declaration of independance.
3 We aren't idiots, please don't treat us as such.