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Land Patent vs wrongful foreclosure/eviction

The mystery of Land Patents unveiled.

Moderators: Tnias, Jus

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Joined: Monday November 2nd, 2009 4:57 pm MST

Land Patent vs wrongful foreclosure/eviction

Postby Pecanman » Saturday November 7th, 2009 5:03 am MST

I filed a land Patent in 1985 on my 148.4 acre farm and home in Georgia. I am a victim as of September 10th 2008.
The case was in the court of appeals and the man who held mortgage broke in while I was gone to Doctor I am also A Cancer Patient since 2005.When i arrived home I was search and my automobile was searched without any reason or probable cause I was told if I went to my farm I would be arrested that the lien holder was evicting me. No paper was served until after the eviction and I asked the deputy where the paper he was supposed to serve was. He replied I don’t have one. I got to go back to town and I will bring it later. Around 6:00p.m., he gave the paper to one of my sons, and it was the very order I had appealed from to the Georgia Court of appeals. The lien holder only had a Deed to Secure Debt and a note, but I have not signed any conveyance of the land patent and the land patent was never mentioned during the loan or loan closing. No lawyers will touch the case for less than $15,000.00. This land has been in my family since 1893. My question: “Is my Land Patent any good and will it get my property back in my possession I can't depend on the courts?”
Thank You.

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Re: Land Patent vs wrongful foreclosure/eviction

Postby SimplyThinkDreams » Saturday November 7th, 2009 3:51 pm MST

The nature of your inquiry is private. Therefore, you should contact Admin via private message by clicking on the User Control Panel link when logged in to the open forum. To start learning about Land I suggest reading the Open Forum topic Land 101. [hr][/hr]Inserted by Admin: We agree whole heartedly with SimplyThinkDreams; still, Admin was preparing the following response, when SimplyThinkDreams posted this post.Respectively we thank him for his quick on-point correct response.

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Re: Land Patent vs wrongful foreclosure/eviction

Postby Admin » Saturday November 7th, 2009 4:14 pm MST

:h: Pecanman:
First, due to the personal nature of your inquiry we need to warn you such inquiries generally need to be posted to Admin in a private message. Our Forum Rules limit the use of our Open Forum’s to inquiries related to Team Law and general issues we have addressed elsewhere on our site.

Because the issue of land patents is so commonly abused and we have posted our Land 101 article to help alleviate such abuses we felt there was some content from your post that we could address in a general way that might be of value to you.

You addressed two things:
  1. The claim that you filed a “land Patent” in 1985; and,
  2. Court proceedings regarding a lien.
Though, we are not certain what you mean by the first of those two—land patents are titles to land made in the form of a government grant made patent (irreversibly secured) by the chief executive of the government granting the land; as such they are recorded by their maker; in the United States of America, that is either the President of the United States of America or a respective Governor (depending on whether the land was granted by the United States of America or by a State). Thus, when you say you “filed a land Patent”, we do not understand what that means and if we did such a filing would not likely have anything to do with your second point.

Regarding that second point:
If you will read our Land 101 article you will discover that land patents have nothing to do with, and cannot secure you from, your right to contract. Liens are usually the result of private contracts. Though land secured by a land patent remains external to the effect of any lien understanding what that means is a subject that would take us into the necessity for Team Law beneficiary support; so, we cannot address that except with Team Law beneficiaries.

However, sufficient information is provided in our Land 101 article such that you should be able to see that the property appurtenant to the land (which is what a lien would be attaching to) is a separate issue from the land itself; and the land itself remains immutable.

You noted that the matter was already before an appeals court, which means that if you do not timely respond in a proper manner, you will lose your opportunity to do so and the matter will be closed in law (without lawful recourse).

Everything else in your inquiry is too personal for us to address except in private and even then it sounds like you are in a situation that will require quick and proper responses, if there are any remedies to your situation, and we cannot help you learn how to learn how to make such responses unless you are a Team Law beneficiary.

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