Legal Question in Real Estate Law in California
Will land patent protect my home from foreclosure?
Asked on 5/28/11, 3:49 pm
3 Answers from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
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.
Answered on 5/28/11, 4:16 pm
Anthony Roach
Law Office of Anthony A. Roach
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.
Answered on 5/28/11, 4:19 pm
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