Does a land patent declaration affect my loan?

Filing a Declaration of Land Patent does not legally change your mortgage or deed of trust. However, some lenders may misunderstand the filing and see it as a challenge to their lien rights. If the lender believes you’re trying to remove their interest, it could trigger a default clause or due-on-sale clause (which allows them to demand full repayment).

Best Approach to Avoid Issues

• Do Not Claim to Remove the Lender’s Interest – The loan remains valid even if you file a land patent declaration.
• Use careful wording in your documents.
• Avoid language that suggests nullifying liens or obligations.
  • Example: Instead of saying “no entity may claim superior title,” clarify that “this declaration does not affect legally recorded financial interests.”

Wait Until the Loan is Paid Off (If Concerned) – If the lender is strict, you might choose to wait until the loan is fully paid before filing.