Root of Title and Patents
Laura McCann/IowaBar
Wednesday January 17, 2007 10:35




----- Message from "Jason R.S. Cassady" <jcassady@doughertylawfirm.com> on Mon, 18 Dec 2006 12:58:51 -0600 -----
To:
"Real Estate Listserve" <realestate@iabar.org>
Subject:
Re: Root of Title and Patents

Thank you everyone who has commented.

I have received numerous email responses (some of which were not sent to
the entire list serve).  I have been asked to pass along what I have
received.  The responses have been from one extreme to the other, and
most everything in between.

I have had numerous responses stating that they would pass under 1.1.

I have had responses stating that they always require a patent.

I have been informed of a website which is run by the Federal Government
where individuals can order certified copies of Patents:

        http://www.glorecords.blm.gov

Unfortunately, I was unable to find the patent for the property I was
reviewing on that site, but did find copies of the patents shown in
other abstracts I had laying around.  This site is a great reference.
The person who sent this site to me also stated given its existence and
ease of obtaining patents, he felt it was necessary to require a patent.
 FYI, certified copies are $1.25 per document, and $0.75 per page.
Also, you can actually view and print a copy that is not certified for free.

I also received a few responses which indicated that that attorney felt
it was reasonable to 1.1 the issue, however, felt there wasn't much of a
leg to stand on if the next reviewer down the line objected due to the
statute.

Thank you everyone for your assistance.  As always, the Real Estate
Section proves it is a great section of the Iowa Bar Association.

Jason

Jason R.S. Cassady, Attorney at Law
Dougherty Law Firm

801 North Avenue

Norwalk, IA 50211

Phone: 515-981-5401

Fax: 515-981-5517

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