Title vs. Deed: Don't Get These Legal Concepts Confused! 

You sure got that RIGHT! My wife’s dad found that out when he lost a beautiful $70,000 lake property he paid off years ago but when he retired he couldn’t afford the P taxes. So he was forced to move out and that property got actioned off for a sad $25,000! Unfortunately he didn’t inform his family of his income situation or that he had fallen behind on the P taxes, so the family wasn’t able to pay them to keep the property in the family.

LoL 😂

@@DJRenee hmmm 🤔 not sure what’s so funny about this??

Lien your house . Lien it for every penny you have spent, closing, deposit, utilities, maintenance, security, improvements…. In a few years the lien amount outvalues the property. They have to pay the lien before they can take your property….

😂😂😂😂😂😂😂😂😂😂😂

Never trust a bar guild member, they are foreign agents that owe their allegiance to the bar guild and the court, not their client or the constitution.

the bar for professionals is, in fact, pretty low.

@@plumbthumbs9584 :)

Hi ! Why would this not be the best way? Would you educate on what would be the best way ?

@@wiseforce7045 all trusts can be broken

Thanks for this info! Do you have any tips on how to find the most reputable title companies in a given area? Where the area is potentially new for the buyer and no relationships exist?

Came here to say this! I worked for a land surveyor in AZ who refused ALTA surveys because of what you state above. At some point it just seems like title companies just take a chunk of money to process the sale, and shift any burden of liability to a land surveyor, counting on their claims of things they are not liable for to "protect" them.

Amen to you brother. I am a land use and risk consultant, also in California. I am often tasked with deep dive research into property development histories. I have found lots of errors and omissions in title reports, fully disclaimed away by the fine print. Unfortunately, these are often found during litigations, when it is too late to resolve them painlessly. Pick a Title company with a 20 year history, and maybe do a second opinion report if there are any doubts. A good title report costs about the same as a good Home Inspection.

That's why all you guys make those big bucks! Okay, just kidding... The Real Estate lobby is so powerful and well represented in state legislatures (with lobbyists) that they have engineered getting more money with less liability.

@@DrAlexCullison Wish I had made the 'big bucks' ....dang! Here I am, old & burned out, living on SS. I was naively just the tenacious research person, lower on the staff pecking order....my employers made the 'big bucks' ( I heave a sigh ). I got so burned out from dealing with the deaf & the blind, I threw in the towel and abruptly left. I've spent the last year just sleeping to recover from the eye strain, constant emails and chain smoking (while researching). Sort of feeling like 'Rip Van Winkle' today. I don't regret leaving - so that says something?

Exactly our goal. Glad you enjoyed

I looked up the definition of ''bundle of sticks'', it describes the current admin pretty well.

Do not pass GO, do not collect $200.00! Yes, Title & Deed are not the same! Title SPLITS ownership and can distribute the "sticks" with OTHER parties! Slaves (Tax Payers) can not own property! If you are paying Property Tax, you are not the property owner, the State you pay Taxes to is the OWNER! You are Tenant! If you doubt me, Stop paying Property Tax and see who will take the property from you! When you OWN a property, you don't pay tax on it.

​@@NoNORADon911 Yeah, internet memes are a curse. That was a serious record scratch moment, then the graphic popped up and I laughed at myself.

That’s right. They tell you that you can’t harm, annoy, or nuisance others with your property, because most humans, like you, are probably really animals if left uncontrolled. You may have missed the Civic classes when you skipped school.

LAND PATENTS and ALLODIAL TITLE

Yeah, good points. Of course, if you are in a HOA, you get what you deserve. As for the rest, everyone should be allowed to make their own laws for the land they own. Are you really that dense?

squatters

Don't buy anything in an HOA. Other than that you still have lots of leeway.

"Title" = Complete ownership of a certain type of property. "Deed" = Deeded Rights to that property under certain conditions outlined in the Deed. As far as Real Estate is concerned the person who owns the Deed is not the owner of the property and never can be, ownership always belongs to the government which issued the Deed. If someone would like to test this concept out they can always just refuse to pay the property taxes on the property and find out how long it takes the local government to remove that property from you and issue the Deeded Rights to someone else who would like to pay the property taxes. Being the "Deeded Occupant" of a property is not the same as being the "Owner". The Government is always the Owner.

Real estate is not title to the property. Property can only be owned by allodial title or patent.

​@@bluesky6985patent has a different function. Patent isn't ownership of an item but of a design (idea). Copyright is ownership of a different type of idea than patent. Patent and copyright give the owner(s) of those ideas monopolies for a limited amount of time.

​@@BillySBC You missed the entire point of this video. The Deed is the legal paper document that evidences and identifies the owner of the property. Title is the concept of ownership of the property. I don't know where you get this idea that ownership always belongs to the government which issued the Deed. This is simply not true. Nowhere in the video is this mentioned. If what you say is true, then when I bought my house, the seller was the government. Using your logic, there would be no sellers of real estate other than the government and every purchase of real property will be between the government and seller and the buyer as purchaser. This is simply not how it works. I assure you that a private individual sold me my house and that the private individual from whom I purchased had no governmental ownership to deed over to me. The scenario you describe where you refuse the pay the property taxes, will result in late fees, and accrued interest for failure to pay the property taxes. The county in which the property is located governs the collection of real property taxes. Failure to pay real property taxes will eventually end up with the county slapping a lien on your property and, after going through various administrative processes, will eventually seize the house and auction it off to recoup the unpaid taxes. But the county will give you ample notice and opportunity to pay the property taxes before essentially foreclosing on your home to recoup the unpaid taxes. The power and authority of the county to sell your house in foreclosure does not mean "the government is always the Owner." Think of it this way -- if you don't file a tax return and you don't pay the IRS any income tax due, they can file a lien against EVERYTHING you own and unless a resolution can be found, the IRS does have the power to seize your real property, personal property, freeze your bank accounts, etc. But just because the IRS has that power and authority, it does not mean that my paycheck come comes from the government. My opinion, worth what you paid for it!

@@BillySBC What if you interpret the property tax as the payment to the right of using the infrastructure that your house uses, such as the roads, drainages, electricity wiring, etc.? If you don't pay the tax, your house is seized as collateral against what you owe in tax. So, in reality, you do own your house.

Please., what is PP and RP ?

@@wiseforce7045 PP is personal property. RP is real property (usually land).

Or, perhaps more like, as 'electronic mail" morphed into "E-Mail and e-mail" into "email" it is simply a contraction of the phrase "in deed" as in "in deed, in fact and in truth".

@@kcgunesqHmmm.......Indeed!

i was thinking the same thing...though..now that i'm dwelling on it...i suppose it could also come from "deed" as "action". such as he's a nice guy in word and deed. or maybe both of those are related too, but they seem so basic i'm not sure i could guess which came first (if related at all)

correct, it comes from the consolidation of " in deed"

Great observation

@@TheRealEstateLawyer Would love to see a "crisp" video on avoiding and fighting back after title fraud occurs... MOST of the videos on the subject are substantiveness and without solid recommendations !

@@TheRealEstateLawyer when we get a deed for tax-forfeiture property from the government - is that also a "quickclaim deed"? And so how is it proved the entity conveying the deed actually owned the property aka had title? You say bankruptcy court - the proves they didn't LOSE the property. I watched some "sovereignty" couple claiming they didn't have to pay their bank mortgage since the bank deed didn't really own their property or something like that. hahaha.

@@voidisyinyangvoidisyinyang885 - *1)* There is no such thing as a _"quickclaim"_ deed; it's a "Quit Claim" deed - i.e., one person "quits" all of their "claims" to a property. When you purchase tax foreclosed properties you would typically receive a *"Tax Deed".* The exact type of deed may vary depending on which state you live. *2)* Proof of ownership that the entity conveying the deed actually owned the property is established via the *title search* process which is done by the title company as part of the real estate sale and closing. All real estate deeds must be registered with the county register of deeds, and as such a continuous record of registered owners is established. If Johnathan Doe is the last person who has recorded a deed for this house, and he is now about to sell the house to you, all that is needed is that he provide proper I.D. at the real estate closing showing that he is indeed Johnathan Doe. When the county forecloses a property for nonpayment of taxes, even the county then has to register that judgment of foreclosure with the county register of deeds. *3)* Needless to say, "sovereign" legal defenses never work because they are not on solid ground. If a bank has paid the $300,000 to purchase the house on your behalf, then *yes,* the bank has ownership rights to the property and you are legally liable to pay the bank back for the money that they put up to purchase the house - and you are liable by virtue of the *contract* that you signed with the bank.

When it comes to Real Estate the government that issues the Deed is always the owner, you are just signing a document that imparts certain Rights and certain Responsibilities as well, but the government is always the owner. Should the day ever come that you are unable to pay the property taxes then you will find out who the actual owner of the property is. Should the day ever come that the government needs the property to run an interstate highway though you will find out what "Eminent Domain" means. The government is always the owner, you are merely the occupant who has been granted or "Deeded" certain rights to the government's property.

LAND PATENTS and ALLODIAL TITLE

Very good example, thanks

Wrong a deed does not indicate ownership. It just conveys an equitable interest in the property. Go look at your deed no where on is does it stat you are the owner. You are a resident or a tenant.

@@terrybelden876 Oh boy, I thought BossRoss had explained it, now I'm really confused. And I've bought multiple houses and pieces of land through the years. What on earth is going on?

@@plumbthumbs9584 what is going on is fraud, identity theft. It all started after the civil war. The corporation that is masquerading as government, has had over 100 years to perfect the fraud they are committing against we the people. The real estate scam started around the time ww2 ended.

Surface review is surely NO review! Not caring is at the bottom of this. Or caring only for what they can earn with the least amount of work!!

The banking system takes the same approach when clearing cheques. They dont check the signature or the payment instruction of each cheque as is their duty. Its a cost benefit approach, its cheaper to pay for errors than to check for errors.

LAND PATENTS and ALLODIAL TITLE

Yes, the famous Fascisti.

I explain it that way in another one of my videos

So then every piece of property has two documents, a Title describing what a piece of property is and a Deed stating who owns it. The Title states assets only, one does not 'own' or 'poses' a Title. The Title is the 'definition' of the items in the Deed. Is this correct?

LAND PATENTS and ALLODIAL TITLE

Mrs. Gump's House and property.

How hard was it to get your Alloidal Title & How did you go about NOT Paying Taxes ?? Thanks

@@waylonmccrae3546 The last time I dove into it about a decade or so ago, the last two states that were still doing allodial titles was Nevada and Texas. But Nevada stopped years ago, leaving Texas as the only remaining state with allodial titles. Now as far as I understand, you can get a federal equivalent of an allodial title by applying for a federal land patent. If I remember correctly, you have to make a one time tax payment equal to a number of years of taxes upfront. From what I understand, thus is the route oil drilling companies go to secure absolute ownership, including mineral rights. There's no mineral rights in split titles because you lack the legal half of the title. That's why you're typically referred to as "Tennants in Common" or something similar on split titles.

I though there are two copies or two identical documents for a property Deed. One resides in the County Clerks Office and never leaves there. The other is supposed to be held ( in a safe place) by the owner of record. They have to match etc etc.

When a house is debt free it easier to somehow get scammed, I’m not sure how they do it but we were encouraged to get title insurance.

What they often do is file a fraudulent deed. The filing of the deed creates a crap show to get clean title back. Just because they file doesn't mean that they have valid title to the property. Much rarer is taking the property via adverse possession. If they do adverse possession right they can file with the courts to have the property titled to them. The first is illegal but adverse possession is legal. Adverse possession, however, does require that they openly use the property.

@@ianbelletti6241The second one you speak of, isn't that how squatters try to get your property?

@@kendallevans4079 yes, that is how squatters try to get it. However, you have to be doing it blatantly and openly. If the owner has no knowledge because you're always sneaking around and hiding when they check on the property that is not adversarial enough for the courts.

@@ianbelletti6241Thank you. I use to own a mountain/vacation cabin and worried about that. Fortunately, I had great neighbors and nothing bad ever happened

Good point!

Correct

Are these documents sent from the mortgage company, we only received a lien satisfaction?😊

unless you have a LAND PATENT and ALLODIAL TITLE . .. then the land can't be used as collateral . . . because of the land patent . . .. . . .do you see now how the banking structure could be more fragile ; )

That is more common than a Deed transfer, because the payment was borrowed.

LAND PATENTS and ALLODIAL TITLE

get the deed to your house. if the bank holds your deed, you don't truly own your house

Glad it was helpful!

Sure, if you don't pay off the mortgage. I have my deeds and own the homes, but not he land they are on. LOL. SMH @@jemiebridges3197

A car title is its birth certificate . . . . . why do you think you have to keep registering it ? yes it funds the roads BUT its also a hidden tax . . . . . if you don't register it , you get fined for driving while expired . . . .. just as if you don't pay your TAXES on the property . .. . who gets it ?

Glad it was helpful

I agree. Looked up the terms and the article said that the term 'Title' is 'conceptual' but that a 'Deed' is the physical instrument that proves ownership. Kinda like a title you are given at work for your position. It is your job title but you do not 'own' it. Understanding that, I still don't get why we are not given a deed instead of a title when purchasing a vehicle. Is it because one could steal someone's vehicle title and still trade with it? Makes no sense as ownership is trackable with the VIN # which is on the title.

I belive A vehicle title is a contract threw the state which it is registered , a singed bill of sale is legal ownership, if you go to , ( cornell law ) and look up ( 49 us code 33107 ) i think the title is why they can tow your car when ever they want to.

Even that isn't quite accurate. The different types of deeds might or might not say that you own the property. A combination of deeds (including trust deeds, which replace the mortgage documents in some states) adds up to describing who owns the property, or part of it, etc. Instead of a Quitclaim, with auto title you can just sign a release of responsibility, right there on the same document. I used to do a lot of closings, and 100-150 pages for a home with a loan, are typical. Some pages are deeds. With a car, it's all there, thankfully, on one document. 🙂

Deeds are associated with fixed property.

@@Another_taco.Yes_please EXACTLY

Glad you enjoyed it!

In general (and every state may have a slightly different answer): the issue of squatting is an artifact of various laws, primarily rental laws, that aren't really designed to permit squatting, but are designed to protect tenants. Combined with the law of adverse possession that have a different focus, and there are edge cases that really stand out. As for eminent domain, the concept is simple. All rights of ownership descend from the sovereign and no title can stand against the sovereign. Eminent domain is the process (in the US) where the sovereign says "we need that land back, here is your money".

Glad it was helpful!

Thanks! I thought I was the only one.

Title = Set of Property Rights; Deed = Legal Document for the Rights

Don't worry, it's not you. It's not a good explanation.

Yea, I really don't see the point of both of them being a thing. If I own the place I own the place.

@@boffo63 Holding the title means you own the property. The deed is proof it was signed over to you by the former owner.

Thanks for watching!

Unless you’re going to live there until you die and pass those problems on to your heirs I would think twice. Hire a real estate attorney to research. Sometimes a recorded instrument takes more than the casual research some title companies do. You could end up with a landlocked property with no access. The Realtor isn’t an attorney and is giving bad advice. I’m a Realtor myself and he/she should know better than to give a legal opinion. A quit claim deed is easily challenged.

@@Dbb27 Thanks, I definitely pushed back and will not accept a quit claim deed.

Best of luck!

@@TheRealEstateLawyer Thank you!

@@Icutmetal the owner could, if they are on good terms ask to ‘update’ the agreement perhaps? If it’s challenged some states have laws of continuous use which would make it of record. 🤷‍♀️

I appreciate you watching. I’m licensed in NC only, so I’m not sure what would happen with that in TX law.

Each country is different.

The Professional Order Of Leeches and Lampreys has filed a compliant about this comment.

Glad it was helpful!

Yeah, I want to know too since I paid off my house 7 years ago and got nothing as far as paperwork is concerned.

"Title" is the concept of legal ownership of your home. The deed is the physical document that names you and your wife as the owners. "Title" (the concept) to your house is evidenced by the "deed" (a physical document). Depending on which state you live in, it could be called a "grant deed" or a "statutory grant deed" or similar. These documents are recorded in the public records of your local county recorder. This is not to be confused with a "deed of trust" or "trust deed" which is a document that shows that you have a mortgage on your house. You can go to your county recorder and have the county recorder pull a copy of the "deed" that should have been recorded with the county recorder at the time you bought your house. Many county recorders have robust websites where you can get a copy of the "deed" right off their website. Some county recorders will do this for free, some charge a nominal fee. If you bought your house 3 years ago, did you go through a real estate agent/broker? If so, ask them to provide you with a copy of your deed.

@@valeriestevens5250 If you had a mortgage on your house that you paid off, the lender should have recorded with the county recorder in which the property is located a "deed of reconveyance". Once recorded, the copy that is date stamped by the county recorder will be mailed to you. This document is evidence that you paid off your loan and that there is no longer a mortgage on your home. Contact the lender to make sure that this happened and ask them for a copy of the "deed of reconveyance." You can also go to your county recorder's office and ask them to provide you with a copy. This information is public record so it is easily available if properly done by your lender. Many county recorders have websites from where you can get a copy of this document online. Some county recorders will do this for free online or for a nominal fee. If you know a local realtor/real estate agent, they have the tools to be able to get a copy of the deed of reconveyance. Hope this helps.

@@laguna172 This is very helpful! Thank you so much. Can any realtor/real estate agent in the state help me, or does it have to be one from my county? My nephew is a realtor in Orange County California and I live in San Bernardino County, CA. My mortgage was with Bank of America. Thank you for any help.

@@valeriestevens5250 Any legitimate realtor can do this for you, no matter where the property is located and no matter where the realtor is located. EXCEPTION: Not all county recorders are up to date with their online technology and may not have online search capabilities but this is typically only in smaller rural areas. Your Orange County Realtor nephew should be able to help you if you're looking for a documentation for property located in San Bernardino County assuming San Bernardino County has decent online technology.

Glad you think so!

It does!