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Asked in Phoenix, AZ May 13, 2020 ,  1 answers Visitors: 80
Does a land patent trump a mortgage holder's position? The patent is several years (12) older than the title conflict.

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Anonymous
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Posted on / May 13, 2020 12:47:38

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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