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Thread: Warranty Deed issues

  1. #1

    Warranty Deed issues

    Being not new but rarely posting except at the old SJC, I know seek opinions if so inclined:

    Lets say I sold a property to a man with owner finance and the man defaults on the note and deed of trust. The man wishes to avoid foreclosure and such and wishes to convey the property by warranty deed.

    If you so with please provide opinions or fact as to the most certain path that may lead to higher claims on the land besides the Warranty Deed alone.

    History: My first foray was "GOODBYE APRIL 15TH" at least twenty years ago. Since, have reviewed and attempted to figure my lot on the face of earth including careful reveiw of most literature concerning estates of land.

    Hint: What is the best way to be "given" a deed in this situation. Remain the fact that I will do proper diligence subsequent to the fact of reception of the deed. Please be specific with your opinion or fact.

    Merci,

    R.G the son of J.s

  2. #2
    Quote Originally Posted by eros View Post
    Being not new but rarely posting except at the old SJC, I know seek opinions if so inclined:

    Lets say I sold a property to a man with owner finance and the man defaults on the note and deed of trust. The man wishes to avoid foreclosure and such and wishes to convey the property by warranty deed.

    If you so with please provide opinions or fact as to the most certain path that may lead to higher claims on the land besides the Warranty Deed alone.

    History: My first foray was "GOODBYE APRIL 15TH" at least twenty years ago. Since, have reviewed and attempted to figure my lot on the face of earth including careful reveiw of most literature concerning estates of land.

    Hint: What is the best way to be "given" a deed in this situation. Remain the fact that I will do proper diligence subsequent to the fact of reception of the deed. Please be specific with your opinion or fact.

    Merci,

    R.G the son of J.s
    Welcome Eros;


    I only have a very simplistic understanding of warranty deeds. There are folks on this board who are quite experienced though.

    Is French your first language?

  3. #3
    Quote Originally Posted by eros View Post
    Being not new but rarely posting except at the old SJC, I know seek opinions if so inclined:

    Lets say I sold a property to a man with owner finance and the man defaults on the note and deed of trust. The man wishes to avoid foreclosure and such and wishes to convey the property by warranty deed.

    If you so with please provide opinions or fact as to the most certain path that may lead to higher claims on the land besides the Warranty Deed alone.

    History: My first foray was "GOODBYE APRIL 15TH" at least twenty years ago. Since, have reviewed and attempted to figure my lot on the face of earth including careful reveiw of most literature concerning estates of land.

    Hint: What is the best way to be "given" a deed in this situation. Remain the fact that I will do proper diligence subsequent to the fact of reception of the deed. Please be specific with your opinion or fact.

    Merci,

    R.G the son of J.s
    Deeds are color of title.

  4. #4

    Color of Title only?

    As R4C is hard enough alone, adding other issues beyond that is enough to be demanding on my grey matter.

    For the meantime it may be best to encompass all that I have learned and proceed from that standpoint.

    So,

    1. Obtain Warranty Deed, but do not record Yet

    2. Update the patent

    3. Identify the new owner

    4. Record the documents.

    Maybe it is best to leave the recording portion out of this and go after the nexus question of contract with the "State".

    If a piece of ground is not registered or recorded then the old lessor will get the tax bill. I assume eventually the bill will be sold and the sherriff will come to claim the kings land.

    Merci,

    R.G the son of J.S

  5. #5

    Found an acceoptable answer

    As previous folks have mentioned it may be best to accept with qualified language and not provide open season. This is perfect.

    On a side note, I could spend a lot of time understanding soem of the concepts presented on this and other forums, yet find the average joe six pack on the street has absolutely no recollection of anything of merit.

    R.G the son of J.S

  6. #6
    Quote Originally Posted by eros View Post
    Being not new but rarely posting except at the old SJC, I know seek opinions if so inclined:

    Lets say I sold a property to a man with owner finance and the man defaults on the note and deed of trust. The man wishes to avoid foreclosure and such and wishes to convey the property by warranty deed.

    If you so with please provide opinions or fact as to the most certain path that may lead to higher claims on the land besides the Warranty Deed alone.

    History: My first foray was "GOODBYE APRIL 15TH" at least twenty years ago. Since, have reviewed and attempted to figure my lot on the face of earth including careful reveiw of most literature concerning estates of land.

    Hint: What is the best way to be "given" a deed in this situation. Remain the fact that I will do proper diligence subsequent to the fact of reception of the deed. Please be specific with your opinion or fact.

    Merci,

    R.G the son of J.s
    If you sold the property with a mortgage on it, the deed of trust is likely a contract to hold the 'marketable title' in the property in trust until the mortgage is paid off. A deed of trust is akin to the term "trust declaration" meaning there will be a grantor, trustee and a beneficiary and some kind of res/thing in the 'trust estate'. The terms contract for deed, assumption of mortgage and quitclaim deed come to mind if you are looking to take it over again. Not sure of the circumstances.
    Last edited by allodial; 01-26-13 at 02:50 AM.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  7. #7
    Quote Originally Posted by eros View Post
    As R4C is hard enough alone, adding other issues beyond that is enough to be demanding on my grey matter.

    For the meantime it may be best to encompass all that I have learned and proceed from that standpoint.

    So,

    1. Obtain Warranty Deed, but do not record Yet

    2. Update the patent

    3. Identify the new owner

    4. Record the documents.

    Maybe it is best to leave the recording portion out of this and go after the nexus question of contract with the "State".

    If a piece of ground is not registered or recorded then the old lessor will get the tax bill. I assume eventually the bill will be sold and the sherriff will come to claim the kings land.

    Merci,

    R.G the son of J.S
    Before you do anything, how much study have you put into property law, land law, trust law, feudalism, and commercial law?

    Yes, you will need all of that, so that you know exactly what you are doing. The intersects are MANY.

    Patents are not updated. That is the purpose of the deed. The deed COLORS who the possessor of the patent is. This is the reason for having a complete ABSTRACT OF TITLE in addition to the land patent (or land grant). The abstract shows an unbroken chain of ownership. The patent is as is and will not be altered, hence the coloring.

    In addition to the patent; abstract of title; and deed, you'll want your sandwich of papers to be full.

    Think of this as your land portfolio with regard to your title or titles to land.

    You will also want to obtain:

    - the plat (cadastral) map
    - all treaties having bearing on your property (Northwest Ordinance, Land Ordinances, Land Acts, Indian treaties, etc.). Certified copies.
    - the federal statutory laws having bearing on the patent at the time of its origination.

    Were your lands once apart of the public domain? Located in one of the 13 original colonies? Texas? Tennessee? West Virginia?

    Avoid any state patents of land. Those are losers.

    There will be lots of administrative actions you'll need to take i.e. :

    - Discharging any mortgages and liens on the property.
    - Discharging any bonds written against your land with your land as collateral for government's funding operations.
    - Discontinuation of insurance.
    - Removal of the land from registration.
    - Privatization of services i.e. water, heating, cooling, electricity, etc. (These are benefits of/from government).
    - Disclaiming any government benefits you may receive from them.

    If we want to extend this further with regard to title to lands, you may also seek to pursue the mineral, riparian, and whatever other rights have been spun off from the land.

    TITLE is a bundle of rights. OWNERSHIP can have burdens or duties attached thereto.
    Also, the POLITICAL STATUS of the OWNER will have impact as well.

    My opinion is the registration makes the land and its appurtenances a registered security for purposes of securitization.
    For giggles, obtain the CAFRs of the municipality, county, districts, and State the land is located within.
    The several sentences above just took our conversation from land law to finance and commercial law.

    Lots of studying to do. Keep at it.
    Last edited by shikamaru; 01-26-13 at 01:34 PM.

  8. #8
    Quote Originally Posted by eros View Post
    On a side note, I could spend a lot of time understanding soem of the concepts presented on this and other forums, yet find the average joe six pack on the street has absolutely no recollection of anything of merit.
    Let he who is deceived, be deceived.
    Last edited by shikamaru; 01-27-13 at 11:01 AM.

  9. #9

  10. #10
    Well, this thread flamed out =(.

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