Friday, November 21, 2014

Will land patent protect my home from foreclosure?

Question

Will land patent protect my home from foreclosure?



Answer

No.



Answer

No.

I see the term "land patent" being used by some purveyors of legal nonsense on the Web.

When a land owner voluntarily gives a lender a mortgage or note secured by a deed of trust on his real property, he gives the lender the right to foreclose if he defaults on payment.

End of story.



Answer

No. A land patent is how the government transfers land to a private person. In fact the word "patent" in law means the governmental grant of a right, privilege or authority.

When you signed a deed of trust, you gave the "power of sale" and the "power to reconvey" to a trustee appointed under the deed of trust. You're not a governmental entity, so a land patent has not application to you.



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