Introduction to Mortgage or Deed of Trust

One of our constitutional rights is the right to own, posses, and protect Property. The right to property or the ownership of property is evidenced by three things: 1) The Title, 2) The Right to Title, and 3) Possession. So basically, there are three aspects of ownership that create title.

Let’s look at the Title first. Title is a piece of paper that recites certain actions and agreements that states who has the “legal” right to the property. This Title is a document know generally as a “Deed”. There are all kinds of deeds, but it is the “Deed” that shows “prima facia” the owner of the property.

The second aspect is the “Right to Title”. This concept occurs when the property is “rented” or is occupied by someone other than the owner of the title. This aspect is also used by the banks, to establish “securitization,” a complex bank system to create money from the creation of a mortgage. When a mortgage or Deed of Trust is created, it is the “promissory note,” which the bankers have the buyer create, that represents the right to the title. A promissory note is like a check, it can be negotiated.

The latest fiasco with the banks, is that they have either lost or destroyed the “note” in their effort to save money. No note, means not right to title.

The third aspect is “Possession” and this refers to the person who is in actual physical control of the land, and as we have heard before, possession is 9/10 of the law.

Out of the three aspects of Title, the first two I’ve mentioned are evidenced by paper and the third by fact. You are either on and in control of the property, or you are not. As for Title and right to title, we must look to the documents that were negotiated. If we cannot find them, the mortgage or deed becomes a nullity.