Edward-
I'm not picking on you, but you insist on hunting this dog, so here goes.
I'll admit that my knowledge of Allodial Title was sketchy and dates back to my own years researching Individual Sovereignty. So, I've circled back on my research.
First a bit of history:
Allodial Title came into existence after the Treaty of Paris (Revolutionary War) when all lands were granted to the people of the US, free of encumbrances....Allodial Title.
The first issue is Federal land....since all un-deeded land in 1776 essentially became the property of the Federal Government, your predecessors "bought it" from the Feds....complete with restrictions as to its "ownership". You might be able to petition the Courts, your Title Company and Bureau of Land Management to provide you a number for buy-out of all liens. You'd then have Allodial Title....to the land only; not the buildings or improvements. Of course, from a practical matter, you'd never notice a difference.
The second issue is local property taxes which apply to the land AND improvements. Unlike the illegal Income Tax, local jurisdictions began to levy taxes on real estate and other property to pay for highways, sanitation, schools, defense and the like. Conceptually, these are hardly unreasonable taxes, though we might each argue locally over the way monies are spent.
So, today when you buy a house or a car, it's subject to an ongoing Tax Lien to pay for these items. Bloated? Possibly. Reasonable in concept? Absolutely. Legal? You betcha. (Again,
unlike the federal Income tax.)
Now, on to your "little known secret": Protecting your home from taxes and receiving an Allodial Title:
- There's much talk of this by Personal Sovereignty groups, so I really don't understand why the information is housed in one, single $300 book....the name and author of which you haven't provided. Fear not, I think there may actually be a SECOND Book at deep discount! Somebody's already getting rich on my previous idea!
http://www.livetaxfree.com/trueland.htm
Except for Nevada (will return to that in a second), here's what you do:
1) Pay off all personal mortgages and liens on your property.
2) Research the Court records to find EVERY, SINGLE debt owed by your community for which you, as property owner are partially responsible.
3) Seek out each of the owners of those debts (presumably every individual Bond Holder of the local Sewer, Water or Bridge Bond, for instance).
4) Get them to sign a Release of just your portion of that debt, in return for negotiated prepayment from you.
5) Go to the Tax Assessor, present your evidence, and petition (through the Courts, if necessary) for Allodial Title.
You're free and clear.....or are you? All you've done is to
prepay the
legal taxes that you've accumulated thus far. There is some question as to whether you might be liable for new community debts going forward. Be that as it may, the
purpose of Allodial Title is to protect your home from foreclosure;
not a loophole to get you out of your tax liability.
Allodial Title scams have been around for a long time; hand-in-hand with Lichtenstein trusts (I once had one for liability reasons), Cayman Island Accounts and statements of Individual Sovereignty...they truly are money makers: for the lawyers.
Nevada's 1997 law provides a clear departure. In Nevada, you can achieve Allodial Title Dreams by prepaying about 5 years of property taxes (5% of assessed value) on your single family residence....AFTER paying off all mortgages and liens. Whether this action frees you from Federal "ownership" of the land is unknown to me....to my knowledge, TX was the only State that did not hand title of all lands to the Feds.
In short, the benefits of Allodial Title are basically Urban Legend; spread by those with a whiff of information and a hint of a secret book that will get you there. Claims that every realtor in the nation conspires to keep the information from the general public are, ummmm.....grossly exaggerated.
Have I done enough of your homework for you?
Rich
