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Land patents and mortgages
Quote from
Admin on April 10, 2025, 7:12 pm
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)
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)
National Status Admin
admin@nationalstatus.info
Quote from
Admin on April 10, 2025, 7:14 pm
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.
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.
National Status Admin
admin@nationalstatus.info
