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Thread: Warranty Deed issues

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  1. #5
    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.

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