"free and clear ownership" before land patent?

[dave b]

I hope this question will clear up some confusion(my own, if no one elses)



If property is mortgatged or not owned "free and clear", is a land patent attainable? Or, how can it be?

[TheBlackTruth]

Yes. As far as I know you can still patent your land because the mortgage only encumbres the "REAL ESTATE" which is everything above the land.



Land itself cannot be bought, sold or encumbered.



Note: the title of the tread, "Free and clear ownership" is a bit misleading in that a Land Patent doesn't free you from any implied obligation of a mortgage. You need to attack <u>that</u> fraud separately.

[dave b]

tBT, Thanks for response. I'm beginning to see. I think. The land and the improvements to it are seperate things, but I thought the mortgage was on both at the same time. Certainly the one is well fixed to the other. Isn't "real estate" both when the buildings come with the land? They were appraised together.



The "fraud" you speak of, I am also just beginning to see.



Too soon old-too late smart. I don't want that to be my epitaph.



I would like to stream-line this learning process for the sake of protecting what little I have. I've gotten some info from ICE and others, but would appreciate any other suggestions for the best places in suijuris for info relevant to "the fraud" and land patents.



Many thanks

[TheBlackTruth]

Originally Posted by dave b

Too soon old-too late smart. I don't want that to be my epitaph.

Well, in joining this site, you've surely eliminated the chances of that ever being your epitaph. In fact, you may want to try out some alternatives like, "He stuck it to the man good!" haha.



Most of the information you speak of is all here. I've been on the site for about 2 months now and I'm still finding things that have been here long before I arrived on the scene. It's a bit difficult being there are bits and pieces scattered throughout. Ice, Jerseee, SuiJuris and others do a great job bringing cohesiveness to the site and pointing us to good information. When in doubt, call on one of them!



As for land patents, I purchased a book from LRG entitled "Allodial Title Via Land Patents: A How To Do It Primer" You can pick it up at www.lawresearchgroup.com It is one of the better references i've come across although i've not completed all the steps yet on my own property.



Good luck! and make sure you share your successes AND failures with us.



-BlackTruth

[jdogpupil]

Next question:
In the event that real estate is sold to satisfy a tax lien and the man who lost the home has a land patent.

The land-owner still has an interest in the land, correct? Even though the property is owned by someone else?

Can the patent-holder request a land-lease?

[jdogpupil]

Any suggestions?

[SaveUncleSam]

I want to buy my father's home soon as he is moving. His mortgage on the house has been paid off for some time now. What steps do I take to ensure my rights are protected? How do we transfer the ownership and I pay my father without lawyers or the city sticking their hands in for money? Thanks!

[charlesa6]

Originally Posted by SaveUncleSam

I want to buy my father's home soon as he is moving. His mortgage on the house has been paid off for some time now. What steps do I take to ensure my rights are protected? How do we transfer the ownership and I pay my father without lawyers or the city sticking their hands in for money? Thanks!

File the Quit to claim, and have your dad to sign it and notarize it and record it with the Recorder of Deed of your County you live in, that give you the right to the property immediately. Secondly, file the UCC 1 to protect it or put it in trust.

[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?

[charlesa6]

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?

I'm not follow your question, but when you do quit to claim, mean you are transfering the property to the new owner, and the new owner will responsible for the continuation of paying the property taxes on the property when is due. On the other hand, when you are buying with third party involved, like lawyer, broker etc, then you have to do a lot of paperwork's and pay all legal and filing fees with Recorder of Deed and taxes and all that for the whole package to be successful executed.