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Land patent and mortgage please help.

The mystery of Land Patents unveiled.

Moderators: Tnias, Jus

Posts: 2
Joined: Sunday April 20th, 2014 6:04 pm MDT

Land patent and mortgage please help.

Postby Alcon519 » Wednesday April 23rd, 2014 5:44 pm MDT

we recently recorded a land patent in the clerk of court, and we already appears in the Deed as a grantors and grantees, but we stopped paying the mortgage and now the mortgage company transferred the loan to a debt collector, we are worried about this situation and we would like to know what they can do now, I'm a disabled person and my wife is unemployed right now that's the reason we stopped doing this payments, we'll appreciated for your help, we live in Florida, thank you.

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Re: Land patent and mortgage please help.

Postby SimplyThinkDreams » Thursday April 24th, 2014 7:21 pm MDT

A mortgage is a contract; and, a party involved in such a contract is bound by the terms and conditions of the same. To understand what the debt collector can do in regards to the mortgage depends on what that contract actually says. Therefore, you must study the mortgage contract in order to discover what the terms and conditions are. My guess is that the debt collector most likely has the authority to foreclose and to seize the property if you continue to fail to pay the mortgage; but, I have not read your mortgage agreement. However, that is usually the case.

Although much of the Patriot Mythology community alleges that Land patents can get rid of mortgages, that allegation is false. Having the Title to the Land (Land Patent) does not preclude one from entering the property appurtenant to the land into a contract such as a mortgage. That being the case, the property appurtenant to the land is bound to the terms and conditions of the mortgage.

If you are worried about the property being seized for failing to pay the debt of the mortgage, then the best bet is to secure the funds necessary to pay the mortgage to prevent a seizure from happening. If you desire to pay the mortgage and are willing to take the action necessary to do so, you will accomplish that task even though it may not be an easy one.

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Re: Land patent and mortgage please help.

Postby Alcon519 » Thursday April 24th, 2014 8:32 pm MDT

Thank you so much for your reply, I have a question about it, could you please tell me if we file a bankruptcy, can still the debt collector foreclose or seize the property? one more time thank you for your answer.

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Re: Land patent and mortgage please help.

Postby Copacetic » Saturday April 26th, 2014 2:14 pm MDT

You would have to read your state and federal statues concerning bankruptcy to determine what remedies the debt collector has.
The only way evil men can win is if good men do nothing.

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