Phoenix, AZ asked in Foreclosure and Real Estate Law for Arizona

Q: Does a land patent trump a mortgage holder's position? The patent is several years (12) older than the title conflict.

The land patent was obtained at the same time period as I revested title, "citizen" for "sovereign" when I discovered The United States of America became The United States of America INC. in 1878. DC became an entity and was used as collateral to UNK as collateral for money covering US civil war debts.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered

A: Assuming the land patent is in your chain of title, If you granted the land as security for the mortgage, then no the mortgage is superior to your personal claim of title as a citizen, etc. If there are two chains of title, then the one with an earlier Warranty Deed is probably superior due to after acquired title. Even then, if you granted the mortgage, again the mortgage will be held against the land superior to your asserted fee simple absolute claim. You probably need to hire an attorney to conduct a title search.

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