Originally Posted by
KnowLaw
It's been a while since I've been back to revisit this thread. Too many other projects on my plate.
In re-reading, a lot of what Michael Joseph had to say toward the beginning of the thread has sunk in and made sense according to the circumstances I have to work within. Primarily, the following:
In one approach, I attempted to remedy the matter of property taxes by taking the "property" out of the State's jurisdiction to render it as being classified as "private property" by selling it back to myself (the non-fiction, flesh-and-blood man) using a Grant Deed and refusing to record it with the county recorder, since from what I was reading at the time, it seemed to make sense as "registration" (with the State) occurs when the property is recorded. And once the property is "registered" with the state, that creates the "contract" (or "trust," so to speak) which the State uses as authorization for levying the tax.
The problem with that was: the property was originally granted in a warranty deed to a relative (who paid for the property in full at the time of purchase, so it was owned outright, or so it seemed to me). The documentation, though, had the State's fingerprints all over it (in terms of its legal description and so forth among other things), nullifying any claim I might have tried to make. At this point, I'm not sure how such real property can be successfully loosened from the hands of the State given the documentation one has to work with.
This has been an eye-opening experience. It brings home the point that every situation in terms of property law is unique when it comes to dealing with law. You have to be aware of all the legal twists and turns within your specific circumstances within the law before you can make your way to solid ground regarding the process that you are pursuing.
All of which brings me back to the statement made by Anthony Joseph below:
Having followed a similar process, this seems to be the only reasonable and honorable way to somewhat extricate oneself from the property tax situation. Although you might have to stick to your guns in order to make it stick. I provide an update further down regarding what has occurred in my case.
At the same time I was prosecuting the "private property" approach, I also went ahead and returned the property tax coupon (along with a Memorandum of Law very similar to Anthony Joseph's document) with instructions on how it was to be redeemed with the Secretary of the Treasury.
The county treasurer, however, didn't seem to want to take that option and returned a "delinquent tax notice" in June, a few days after the expiration date for the second half payment. I replied by reminding him of the draft for money order I sent in December along with a Letter of Credit and the Notice of Memorandum of Law instructions regarding how to redeem the tender of payment. And there the matter sits.
There is little doubt in my mind that he will eventually (if it has not already occurred) issue a tax lien on the property. Yet, I have proof of service of the correspondence sent to him along with a claim that this matter is out of any State court's jurisdiction and is within the UPU's (Universal Postal Union) jurisdiction. Any qualified attorney (or attorney in black robe) worth his salt should take a look at the papers I sent him and notice the canceled stamp on the pertinent documents, indicating that this matter falls within the UPU jurisdiction.
One last nice touch I noted in reading back over this thread was the suggestion to make payment of the coupon in lawful money as per Title 12 U.S.C. §411. I'll have to add that touch to my next process.