Clear title back to the original owner 'God' - Posted by Tim Fierro (Tacoma, WA)

Posted by Ben (OH) on February 19, 2003 at 08:09:22:


Clear title back to the original owner ‘God’ - Posted by Tim Fierro (Tacoma, WA)

Posted by Tim Fierro (Tacoma, WA) on February 18, 2003 at 21:19:19:

I joined a Yahoo! group the other day, and this came in today’s mail…

A New Orleans lawyer sought an FHA loan for a client. He was told the loan
would be granted if he could prove satisfactory title to a parcel of
property being offered as collateral.

The title to the property dated back to 1803, which took the lawyer 3
months to track down. After sending the information to the FHA, he received
the following reply (actual letter):

“Upon review of your letter adjoining your client’s loan application, we
note that the request is supported by an Abstract of Title. While we
compliment the able manner in which you have prepared and presented an
application, we must point out that you have only cleared title to the
proposed collateral property back to 1803. Before final approval can be
accorded, it will be necessary to clear title back to its origin.”

Annoyed, the lawyer responded as follows (actual letter):

"Your letter regarding title in Case 189156 has been received. I note that
you wish to have title extended further than the 194 years covered by the
present application. I was unaware that any educated person in this
country, particularly those working in the property area, would not know
that Louisiana was purchased by the U.S. from France in 1803, the year of
origin identified in our application. For the edification of uninformed FHA
bureaucrats, the title to land prior to U.S. ownership was obtained from
France, which had acquired it by Right of Conquest from Spain.

The land came into possession of Spain by Right of Discovery made in the
year 1492 by a sea captain named Christopher Columbus, who had been granted
the privilege of seeking a new route to India by then reigning monarch,
Isabella. The good queen, being a pious woman and careful about titles,
almost as much as the FHA, took the precaution of securing the blessing of
the Pope before she sold her jewels to fund Columbus’ expedition.

Now the Pope, as I’m sure you know, is the emissary of Jesus Christ, the Son
of God. And God, it is commonly accepted, created this world. Therefore, I
believe it is safe to presume that He also made that part of the world
called Louisiana. He, therefore, would be the owner of origin. I hope to
hell you find His original claim to be satisfactory. Now, may we have our
darn (edited: d a m n) loan?"

They got it.

Re: True or Not, I laughed my A$$ off !!! (nt) - Posted by BIGDADDY(MD)

Posted by BIGDADDY(MD) on February 19, 2003 at 07:58:41:


An old urban legend… - Posted by Bryan-SactoCA

Posted by Bryan-SactoCA on February 18, 2003 at 22:00:14:

but a darn funny one. But the second title holder (from God) was the Native Americans of the area, who were killed off by smallpox brought by Spaniards, who were the next title holder.

Adverse possession - Posted by JJJ - FL

Posted by JJJ - FL on February 19, 2003 at 15:35:51:

I’d venture to say the Spaniards took the land from the native americans by adverse possession!! :slight_smile:

Re: An old urban legend… - Posted by Dave T

Posted by Dave T on February 19, 2003 at 14:35:07:

A “tenancy at sufferance” occurs when the tenant (person occupying the property) lacks privity with the property owner and merely has “naked possession” of the property. The tenant at sufferance can occupy the property so long as the owner permits – that is, at the “sufferance” of the owner.

I suspect that the Native Americans never recorded title, and therefore, the Spaniards treated the Native Americans as tenants at sufferance.