Recently we discussed the prospects of converting paper legal documents, such as property deeds, into the realm of virtual digital imaging. I am voicing my opposition to this form of posting. Although it's important to protect the public's access to legal documents, this is not a area I am ready to openly embrace. Why? Well, the trust of my argument is predicated on the quasar of document digital remastering.
Let's assume we scan the deed to my (registered) land and consent to having it having it posted on line for the public benefit. Let's further say the geek down the street knows how to manipulate the OCR aspect of the document. At the same time I posted a 'For Sale' sign on my front lawn, and he made an earlier offer I refused, and after he finishes remastering the document image, he decides to challenge my ownership to said property. Now, remembering he's remastered the digital image, he files a claim in the Land Court claiming his deceased grandfather still owes the land, and the deed, in its present physical form, is a fake instrument. Now instead of having clean title, it's not clean, but rather the property's rightful ownership becomes a legal dispute, which could take me a couple of years to resolve. (may be the next time he'll make an offer I cannot refuse).
This is just one messy scenario why it's necessary to keep property deeds in physical form, in a government building, for safe-keeping. You're probably right if you can arrive at some quick, amicable resolution to this legal issue. But the point is: to keep pending legal issues from becoming in rem legal issues.
Finally, if the deeds are kept in a physical format (in those big, voluminous registry books) and in safe-keeping, then accountability become easy to assign. Remember, trials and ADR hearings are all about assigning blame. If the virtual digital image deed is remastered, who do I blame? At least if the physical deed has legal issues, I know seeking a remedy from the former owner or its attorney, or a title insurance company has known consequesces. (also legal notary crest cannot be copied, thus, a document without the court clerk's or notarial crest is inadmissible (citation omitted)). The original deed supersedes all of its counterparts!
Huh, interesting! It was a good idea; unfortunately its time is somewhere in quasar.
More to come.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment