Forum Post: Some Ideas to Help People in Foreclosure
Posted 12 years ago on Feb. 16, 2012, 12:16 p.m. EST by mvjobless
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Allodial Titles & Land Patents
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Allodial Titles & Land Patents
We the People have the unalienable right in a free republic of American Nationals and/or sovereign "state" Citizens to acquire, utilize and "own" property. We the People have the unalienable right to have and hold that property free and clear of government liens and encumbrances. These rights have NOT been abridged, although they have come under attack by the government and the principles/creditors controlling it.
But We the People must understand not only our rights, but how to acquire, utilize and "own" property as it was intended by our founding fathers and guaranteed in the united states of America. We the People must understand not only the nature of money, but the political, economic and legal systems to be able to claim our rights to acquire and "own" land. You cannot trust the government, the corporations, the media or the educational system to educate you, or fully disclose honest information about your property rights.
One of the major motivators of the first American Revolution was the issue of allodial rights to land, free and clear of the liens and encumbrances of the King of England. The American people desired to acquire, utilize and " own" their own land without interference from any government, including the government of the united states of America.
As a result of generations of constructive fraud perpetuated against the American people, and the peoples of the world, we've been conned into believing we are "owning" property, when in fact, and by law, we're only in " possession" of property utilizing it as a renter or tenant would. So long as we pay our rent (i.e., mortgages), get the licenses, pay the fees, have it insured, regulated, zoned and permitted, we can still remain in " possession."
But as soon as we exercise what we believe is our sovereign right to do as we please with our private property, providing we don't damage or injure another or their property, we often get slam-dunked by a fine, eviction or foreclosure. We must learn about allodial titles, land patents, deeds and conveyances to reassert our sovereign right to private property.
An allodial title was bestowed, by law, upon the land with unalienability forever. No government, agency, bank or other sovereign power could place any lien, attachment or encumbrance on land held in an allodial state. An allodial title is derived from the original, federal land patent. "Land Patents" are still today the highest evidence of title and have never been refuted by any court of competent jurisdiction. (42)
All federal "Land Patents" flow from the treaty (e.g. The Oregon Treaty, 9 Stat. 869, 6/15/1846), therefore no state, private banking corporation or other federal agency can effectively challenge the superiority of title to land holders who have "perfected" their land patent. With an updated land patent brought forward in "Your Name" you can hold the rights and title to land as a sovereign, "state" Citizen. Be very clear that this is distinct from the equitable interest, title and deed. (43) Property tax attaches to the equitable title and interest in the property and real estate through a hidden federal lien. If the property and real estate is recorded with a deed (i.e., Trust Deed, Warranty Deed, Quit Claim Deed) at the County Recorders office, then it?s trust property executed and managed by the legal owners < the County, State and federal United States government corporation, and it?s principals/creditors.
Thus they are the legal owners of the recorded property and real estate, and they can require you (i.e., the tenant) to get building permits, abide by zoning restrictions and other statutory regulations including environmental laws because it's NOT your property or real estate. Most Americans are simply glorified "tenants" on what they erroneously believe is "their" property and real estate. Wake up America!
The original "letters of patent" were from the King of England. There is a record of these "Land Patents" in the state archives and county courthouses. Under English land law all realty (i.e., real estate) was owned by the sovereign, and from the crown all titles (both lawful and equitable) flow.
"All federal land patents flow from treaty rights and hold superior title to land."
After the Declaration of Independence (1776), the American Revolution, and the Treaty of Peace with Great Britain (1783), the American people became complete, sovereign freeholders in the land with the same perogative as the King. The King had no further claim to the land and could not tax or otherwise encumber it. (41)
The "Land Patent" is the only evidence of title to land. Land Patents are derived from the treaties and enabling acts of congress under the signature of the president of the United States when each state entered the Union. Land Patents are stare decisis (i.e., res judicata). It is already well settled law and decided. [Editor?s Note: See Suma Corp. supra ; Wine Vs. Gastrell, 54 Fed 819; U.S. Appeal 581]
For example, railroad land granted and patented in the late 1800's is still " sovereign" today. Building codes and local zoning ordinances do not apply to railroad property.(44) Railroad patents were also issued by a special act of congress (Railroad Grant Acts) granting alternating sections of land in each township. They are still the largest land owner in America.
**See the rest of this post in comments.
Untill you pay off the mortgage you don't "own" the property the lender does. Where did you OWS people get the Idea that something you didn't pay for belongs to you?
If you read the second part of the post I think you'd see that there is a way to protect your interest even in a foreclosure process by owning the property jointly with the bank through the filing of a land patent.
I don't have a mortgage and "own" my property outright, therefore can file a land patent more easily than if I had a mortgage.
But if you read further down part two, you'll see that no one actually owns their property because the US government through the IMF has used all US real estate as collateral for the federal debt, that is until you untangle yourself from that morass, by, you guessed it, filing a land patent.
Where did you get this nonsense?
Well established law, do your own research.
Did you write this?
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Okay, this is part two of the forum post above.
UNAPPROPRIATED LANDS = LANDS NOT PATENTED
During the times of the Articles of Confederation, the sovereign state republics wouldn't appropriate any lands to the federal government. They didn't want to relinguish any of their sovereignty to the new government. Finally, the states relented and unappropriated lands were given to the federal government to distribute to the people on the condition that they would grant full allodial title. A "Land Patent Office" was established to distribute these unappropriated land by grant to the people.
STATE HAS NO AUTHORITY OVER THE LAND;
RIGHT AND TITLE HELD BY THE UNITED STATES
All right and title to the unappropriated land was held to the disposition of the United States government to be granted (not sold) to the people. This is how land comes to the people. In the enabling acts, each state republic agreed and declared they would give up all right and title to land. The state has no authority over the land. Except for Texas which never gave up its lands (State Patent Office) or military (i.e., Texas Rangers) to the federal government. It?s still a free and independent sovereign state. The federal United States government became the trustees with a power of attorney over the dispersement of land to the people.
"Land Patents are issued (and theoretically passed) between sovereigns. Deeds are executed by persons' and private corporations without these sovereign powers."
Through various acts of congress, land was made available for granting (not selling), and the American people became the recipients of those land grants. Land Patents are the first conveyance of title ownership to land. One of the earliest laws for granting Land Patents was passed by Congress on April 24, 1820.
It was also how the American people qualified to become sovereign "state" Citizens and electors in their respective state republics. Landowners are the only authority in the united states of America with the power to elect public officers of the government at every level, county, state and federal.
This whole system of granting land worked well until the western state republics entering the post-Civil War Union surrendered unappropriated lands to the federal United States government that did not get distributed to the people. Large portions of the west were not distributed to the people, but held as "federal land" or distributed to the states. This was a flagrant violation of the principles upon which America was founded.
So who has all the land in America? If the state doesn't have any authority over land, and the federal United States government corporation can't own land, then who has the land?
We the People still have all the land in America! The land is still ours. It hasn't gone anywhere. The rights and titles haven't been bought or sold. They are not for sale. By the law of the land, We the People are still holding the right and titles to every square inch of land in the united states of America. We the People must reclaim what is ours (and let's return the better half of it back to the native Americans).
LAND IS GRANTED, NOT BOUGHT & SOLD
What has been bought and sold is the "real estate," the equitable interest to property, to the buildings, improvements, equipment that occupies the space above the land, not the land itself. This is evidenced in the land patent itself, even in the deeds and title insurance contracts. Title insurance excludes coverage for the Land Patent. They cannot and will not insure you against a claim for the right and title to the land itself. The warranty deed grants (not sells) the land, and sells the property or real estate. The United States government corporation may not own any land, but it does have equitable interest in lots of "real estate."
REAL ESTATE VS. LAND
You cannot buy land. You cannot sell land. As a sovereign "state" Citizen it's yours, inherent since the original thirteen colonies formed the united states of America, and each additional state republic entered the Union. Full payment is already made in the Land Patent and all subsequent assignments.
The registration and fees in the securing of a Land Patent were paid to the Surveyor General ($1.25 acre or $2.25 acre for a mining claim). This was NOT the purchase of land. The land patent speaks plainly, "...to give and grant (not sell) unto "Your Name" and his heirs and assigns forever." To grant is to give freely, not to purchase.
RIGHT & TITLE IS CONVEYED BY ASSIGNMENT
All right and title to land is conveyed by assignment, gift or grant directly from a Land Patent. Land Patent rights flow from the treaty and enabling acts via power of attorney to an individual landholder who in turn gives, grants and assigns the land patents to his/her heirs.
Freehold (i.e., allodial) land is beholden to no one. Possession is still 9/10th of the law. Caveat emptor < buyer beware. You have seven years to perfect a claim against land. If notice is duly given and no one contests your claim, it's yours after seven years. That?s the "fistful of dirt" doctrine. Permission to grow your own crops as a tenant is in effect an assignment by the landowner, if you claim it.
HEREDITAMENT = INHERITANCE = HEIR APPARENT > APPURTANANCES < that which belongs to something else, an adjunct or appendage; that which passes as incidenta, as a right of way or other easement to land.
We've been selling property, real estate and equitable interest for generations and abandoning the rights and title to land. Rights and title to land is well established in law. All you need to do in law is to prove that " Your Name" is a heir or assign to the original Land Patent.
The original Land Patent Office is now the Bureau of Land Management (BLM) which consisted of government land officers. Records of the original Land Patents are kept there. Perfecting an allodial title requires updating the original land patent and rewriting the legal description for the land in metes and bounds < the measurements of the original Surveyor General.
Research the abstracts of title, make a claim, and bring the title forward minus any exclusions (i.e., easements). Update and record your Land Patent in the "Great Book" at the County Recorder's office. Because bringing forth the true title is pursuant to the Common law, you must be a sovereign " state" Citizen to claim the rights and title to land.This is distinct from any actions relating to the equitable title, and any liens or encumbrances attached thereof.
Land Patent Process 1) update the original Land Patent with the legal description for your parcel in metes and bounds.
2) research the abstract of titles, make a claim as a heir or assign, and bring the title forward minus any exclusions.
3) re-record the updated Land Patent at the County Recorder?s office in the " Great Book."
UPDATE THE LAND PATENT AS A HEIR OR ASSIGN
Is this how you own your house?
Going to file a land patent as soon as I can. What better way to really own your house than to own the land it's sitting on.
Will you report back? Are you under foreclosure?
sure, I'll report back when I have some news, and no, I am not in forclosure, we own our property outright, no mortgage, no 2nd mortgage, nothing except minimal real estate taxes.
what is it you are concerned about? or just trying to avoid building codes, environmental restrictions, etc?
I think mostly I am interested in just going through the exercise to see if it can be done. Then to see what benefits there are in a successful filing.
How do you plan to test the benefits?
I won't know until I get to that point, but nothing grand. I think the more people who attempt this and succeed, the better. If nothing else, it sends a message to the powers that be that the average joe wants some independence. I am disturbed however, about the banks trying to file land patents with all the mortgaged property they have on their books.
I can applaud you for doing it just to see if you can do it. Beyond that, it doesn't really appear there is anything to benefit. Good luck and let us know! :)
You can not OWN property. The government OWNS all property. To test this is very simple. Dont pay your property taxes and see who owns it.
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And your point is......have you got anything really intelligent to say or just a bad case of verbal diarhea.
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