Virtually every state has a statutory law, such as California's GC § 27280, that states “Any instrument affecting title to or possession of the real property may be recorded.” Simply search in Google for the state where the denial occurred and cite the proper law to the Clerk of Court. Since a land patent does in fact affect title to or possession of the real property - it must be recorded.
Filing a “Petition for Writ of Mandamus” will not always be successful in forcing the recording. Therefore, if the state still refuses to record the document, then use the following steps below:
1) Once you've obtained the legal description of the property (Section, Township, Range) and received a Certified Copy from the Bureau of Land Management (BLM) of all land patents or grants regarding the property described in the legal description, fill out the description of the property on a blank "Grant Deed Paper" obtained from any stationery store.
2) For the description of the property, insert the following statement: "See Exhibit A consisting of 1 page & Exhibit B consisting of ___ pages attached hereto and made a part hereof."
3) Exhibit A is the revised description of the property, typed up as it appears on the deed received after purchase of the property. Below this description, insert the following: "Also together with assignment of any and all rights, title, interests, privileges, and immunites as Assignee(s) of the original patentee(s) or grantee(s) to that portion or those portions of United States Land Patent No. ___, a Certified Copy of which is attached hereto as Exhibit B and incorporated hereat by reference, dated ___/___/___, originally recorded by on ___/___/___ in Book ___ at page ___ of ___ County Patents, as the same concern the herein described real property."
4) Take the unsigned Grant Deed with attached exhibits to a Notary Public for signing.
5) Take the signed Grant Deed and exhibits to the County Recorder’s office for recording. If asked what this is for, say "I'm just protecting my interests in my property.”
Related Articles
Can The Clerk Of Court Deny A Recording
The Clerk of Court CANNOT make a legal determination towards the validity of a document recorded and cannot refuse anything one wants to record. If a Clerk denies a recording, seek legal remedy from a lawyer under 18 USC § 2071 and United States v. ...
An Attorney Said Land Patents Aren't Valid Anymore - Now What
One can believe that attorney and what they know as an INDIVIDUAL... or learn from a TEAM of attorneys and legal researchers and see the legal library of Supreme Court cases that say differently (150+ cases in total). The old adage goes, "You don't ...
The State of XXXX Has Said They Do Not Allow Allodial Title Here
That may be what is said at the county or state level; however, Allodial Titles / Land Patents / Fee Simple Absolute Titles go back to the original treaty that granted the land from one sovereign (e.g. Spain, Mexico, France, Native Tribes, etc.) to ...
What If One Cannot Get A Certified Copy of The Lawful Money Statute
Some court clerks will not certify a document, as the certification process can vary county to county. In lieu of a certified copy of the statute, one may simply supply the law to the banking authority in a printed format [SEE BELOW]. Do not give a ...
Should The Property Be Put In A Trust First or Obtain A Land Patent First
Patenting property in one's own name and then exchanging the property into the trust requires an update of the Land Patent into the trust's name. It does not take much extra time, but it is an extra step. And in some countries like Australia where a ...