To help you understand my question. I emailed the county clerks office to which the property is holds this property. This is the responce I recieved from her.70-21-207. Letters patent and other federal and state documents -- recording without acknowledgment. Letters patent from the United States or from the state of Montana or other documents and instruments or duly certified copies thereof issued by or pursuant to the authority of the United States or the state of Montana which evidence title to land or affect the title thereof, executed and authenticated pursuant to existing law, may be recorded without acknowledgment or further proof; and where letters patent have been lost or are beyond the control of any party deraigning title therefrom or for any reason they remain unrecorded, any person claiming title thereunder may cause a transcript of the copy of such letters patent kept by the government issuing the same, duly certified by the officer or individual having lawful custody of such copy, to be recorded in lieu of the original; and such recorded copy shall have prima facie the same force and effect as the original for title or for evidence until the original letters patent be recorded.
History: En. Sec. 1572, Civ. C. 1895; re-en. Sec. 4645, Rev. C. 1907; re-en. Sec. 6892, R.C.M. 1921; Cal. Civ. C. Sec. 1160; re-en. Sec. 6892, R.C.M. 1935; amd. Sec. 1, Ch. 148, L. 1957; R.C.M. 1947, 73-104.
Now, with all do respect (realty transfer certificate) this is a no,no. Am I correct. This is how they trap you into losing rights to property and paying the taxman. Land patent are a fee simple absolute is an estate limited absolutely to a man and his heirs and assigns forever without limitation or condition.In reply to your email regarding the recording of a document. My office is a "recording office". If your document meets the standard for recording, we will of course accept it for recording and charge the appropriate recording fee. Recording fees are $7.00 per page for a standard document or $11.00 per page for the first five pages and $7.00 thereafter. Also, a realty transfer certificate must accompany any recording that transfers real property. Our mailing address is Clerk & Recorder, PO Box 360, Malta MT 59538.
So, my question is how can I record this document with out this realty transfer certificate? They will refuse to record.
Thank you for your time.