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Acquiring a land patent if foreclosed

The mystery of Land Patents unveiled.

Moderators: Tnias, Jus

Jan4rotts
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Joined: Wednesday October 29th, 2014 1:50 pm MDT

Acquiring a land patent if foreclosed

Postby Jan4rotts » Friday October 31st, 2014 2:21 pm MDT

I am not sure if you can help me, but here is a synopsis that might also relate to others.
Husband and I jointly bought home 30+ years ago. 10 Years ago signed my half to husband who got a reversed mortgage.
Husband passed this year, my name not on deed, reverse defaulted and now scheduled for Trustee sale next month.
Since my name was last on deed and I am still living in house, if I obtain a Land Patent, can I remain in my home, will it negate the foreclosure? I have to do this on my own so accepting of any advice.

thank you for any suggestions and specifics on what I need in hand to file. :(


God will never give us more than he knows we can bear..

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KingWm
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Re: Acquiring a land patent if foreclosed

Postby KingWm » Friday October 31st, 2014 3:04 pm MDT

Welcome to the forum Jan4rotts.

I am sorry to hear of your situation. Unfortunately, you (or your husband) appear to have entered into a contract which allows them to force the sale of your home and the land patent has nothing to do with this.

There is no way for you to obtain a land patent. It already exists. The very first person to ever own the land was granted the patent by the government. The patent is sort of like the first deed in the chain of title. Since the original patent, the rights associated with it have been assigned to various persons in the chain of title through the years until it was assigned to you and your husband. There is only one patent on any given tract of land and once it is issued, there can be no others. The patent itself does not interfere with your right to enter into contractual obligations with third parties. So, once you have entered into such a contract, your only option is to remain in honor with the contract or risk losing the home. I wish I had better news for you.

If you want to understand land patents better, search the land patent forum in the open forum. On the Team Law web page (www.teamlaw.net), in the Features Page box at the top left, you will find an article on land. Read that, and follow the links therein to read the other land articles, particularly the Land 101 article it links to in the forum. You should find much information about land and land patents there, but unfortunately, you will find that a land patent cannot interfere with a contract you enter into.

I hope you are able to find a solution to your problem. In the mean time, enjoy learning the law with the rest of us here at Team Law.

KingWm

Jan4rotts
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Joined: Wednesday October 29th, 2014 1:50 pm MDT

Re: Acquiring a land patent if foreclosed

Postby Jan4rotts » Friday October 31st, 2014 3:39 pm MDT

Thank you so much for your prompt reply.
I never entered into the reverse mortgage contract only my husband since the Grant Deed stated he was the sole owner.
Since I am not a party to the contract for the reverse mortgage and our living trust was removed because of the reverse mortgage, I am not acknowledged on any documents other than being the last party to have granted half of the house over to my husband several months prior to the reverse.

I am the heir to any additional monies obtained over the amount of default plus fees etc if sold at the Trustee sale, but there is a possibility that the house will not sell do the current market value.

Again, thank you for your prompt reply, it is very appreciated..I just want to live out my life in our home of 36 years..

God will never give us anything more than He knows we can bear...

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KingWm
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Re: Acquiring a land patent if foreclosed

Postby KingWm » Friday October 31st, 2014 3:46 pm MDT

Jan,
I understand and have empathy for your situation. It doesn't matter who entered into the contract. The contract exists. The terms and conditions of the contract don't terminate with your husband's death. They are attached to the property and cannot be abrogated by a land patent. If you want to stop the foreclosure, you must honor the terms of the contract. I know very little about reverse mortgages. I wish I could do more to help but I pray for a solution for you.

KingWm


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