Property Taxes are Not Legal:
Property taxes are not legal. We researched the property tax issue all the way back to “The Recording Act” which is the State statute that establishes the keeping of official county records to track public land ownership. The recording act states recordation is not required. Recording your deed in the recorder’s office is what triggers property tax bills.
The recordation of your property deed is not mandatory by law.
The Recording Act:
The Recording Act clearly states: “Even though a recording act does not require recordation, the law does create a strong incentive for a buyer to record.” Recordation provides constructive notice to any subsequent purchasers that a prior conveyance occurred and therefore protects the prior purchaser in the event of a subsequent conveyance.
Effect Of The Recording Act:
Each U.S. state has a recording act, a statute which dictates the legal procedure by which an individual claiming an interest in real property (real estate). The recording act formally establishes their claim to that property. The recordation of property rights becomes particularly significant where an unscrupulous dealer in land purports to sell the same tract of land multiple times.
There Is No Law That Mandates Homeowners To File Their Deed:
There is no law that mandates homeowners to file the deed to their property in the recorder’s office. It appears to me if your deed was not filed in their records the other’s would not have access to your property deed or other records.
Recording Act- And Types Of Statutes States Have Adopted:
The Recording Acts are state statutes that establish the keeping of official county records to track public land ownership. The Acts help settle conflicts of ownership in real property by prioritizing documents of ownership. However, the order of priority depends on the type of statute that the state has adopted: race, notice, or race-notice.
Also known as the “Race to the courthouse.” The rule that the document recorded first wins and will have priority over any later recordings.
States that follow the Race statute: Delaware, Louisiana, and North Carolina.
A later buyer who pays fair value for the property and does not have notice that there were any other earlier conflicting interests, wins and will have priority over any later recordings.
States that follow the Notice statute: Alabama, Arizona, Connecticut, Florida, Illinois, Iowa, Kansas, Kentucky, Maine, Massachusetts, Missouri, New Hampshire, New Mexico, Oklahoma, Rhode Island, South Carolina, Tennessee, Vermont, and West Virginia.
A later buyer who pays fair value does not have notice of any other earlier conflicting interests, and records first, wins and will have priority over any later recordings.
States that follow the Race-Notice statute: Alaska, Arkansas, California, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Jersey, New York, North Dakota, Ohio (regarding mortgages, OH follows the Race statute), Oregon, Pennsylvania (regarding mortgages, PN follows Race), South Dakota, Texas, Utah, Washington, Wisconsin, and Wyoming.
There is no law that forces property owners to file their deed in the county recorder’s office. The Recording Act does not mandate recordation. The filing of the deed to your property allows the fraudulent players access to your property document for unlawful recording and use against your property. Homeowners have been deceived into volunteering your property deed for the sole purpose of unlawful re-classification and taxation. Now is the time to Un-volunteer your property and take back control!
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