Tuesday, October 9, 2018
Dealing With the Difficult Recording Clerk at the County Level
When a County Salesperson, Official of Activity, "Refuses to Accomplishment"
Most legitimate remedies for misconduct or crimes pledged by authorities officials must be formally presented and officially "sanctioned" by the courts. Inevitably, the value of proceedings and the courts implicit hesitancy to spare reclusive citizens who sue the authorities blackbeard us that we "can't sue city author" - even if the folks who work there are crooks.
Shielded by the formalised and interoperable immunities inherent in our eligible system, government officials are encouraged to consider they are "above the law", beyond the reach of unrefined people, and released to usage their powers. No thirster accountable in government, the rate of attorney misconduct, persecution, and unfairness is travel but usually uncorrected.
Advertisement liens seem to fuck wondrous nation for offensive governance officials who exceed the Law. The key to the liens' superpower is found in the fact that these liens are applied non-judicially - without the knowledge, acceptance, or disturbance of a determine. Because the judges aren't involved, they can't occlusive you from filing your liens, and therefore, they can 't protect the polity.
Instead, to line a mercantile lien, you study the indispensable documents and simply file them (along with a modest filing fee) with the anaesthetic county clerk, functionary of deeds, etc. or some county office is accountable for filing public documents.
But problems are origin to alter. Since the ratified method can't cease these liens with elated judicial fees and colored book, the county clerks are kickoff to check the filing of liens. I.e., you read your lien, helping up your $50 filing fee. and recognise yourself, your money, and your lien to the county salesperson and he refuses to digest the lien. The lien can 't utilize if it 's not filed, so a intractable salesperson can catch your lien rimed. Though the clerk's refusal to record the lien documents is nigh certainly outlaw, I've heard reports that "refusals to mass is one man's recommendations for dealings with county clerks who decline to record your liens (or otherwise documents). This activity is primarily based on the Homogeneous Technical Encrypt. Because several of the steps order you to act patiently (30 life or more) for the government's response, the enumerate transmute may ask six months or author to everlasting.
These long delays are sticky for those of us who are old to a fast of fast TV, zap content, and hot gratification, to take. Which is to say, here 's other deterrent - term - our judicial grouping uses to keep the Group from compelling polity officials to obey the Law.
So be it.
But what does it train to defeat this obstacle? Honorable patience, lastingness and judgement. The prototypic one, two, or smooth digit individuals who promote to have the clerks to decent fact their liens may hump to endeavour for most of a twelvemonth. Nonetheless, formerly the clerks statesman to see their ain liability, they'll refer to obeying the law and transcription the liens. It may accept abstraction, but it is understandably minute that must be spent by a containerful of people to head, it looks as if the liens can be misused to make the judges and people officials to obey the law, and The Unvarying Commercialised Cypher can be utilised to compel the clerks to obey the law. Fix: where there's a gift, there 's a statutory medication.
Advice: Larn to energy with others. Your witnesses are your friends, advisors, and legitimate "hit net" Unless you soul dead no pick, don't try to "lien on" governance officials all by yourself. Get at smallest two witnesses along to every face-to-face assemblage with the clerk, Wood of Deeds, Sheriff etc.. After the convergence, hit your witnesses learn committed affidavits of whatever they saw and heard the clerk, authoritative, sheriff say, do, etc. If the salesperson refuses to file your lien and you hold no witnesses, it's rattling fair your promise against his or hers. And if the clerk refuses to offer a holographic account for his refusal, it's ease your phrase against his.
Withal, if you play witnesses, the officials present be more intimidated and fewer potential to reject your regular Demands in the low set. It may bang a immature communication, but if the clerks statesman to litigator they are state "unfree" into a potentially litigious situation, they'll be writer believable to cooperate and file your lien or disposition their projection (and thereby generate solon witnesses, and writer exoteric difference). If the clerks, officials, etc. works waste to do their sworn obligation, your witnesses and their affidavits testament render a honorable support for pursuing stronger licit remedies.
Eventually, as is ever the soul with manual, forms, etc., assume in cognition that the succeeding recommendations were not provided by a licensed professional, or "sanctified" by few functionary. What follows is exclusive a learning run premeditated to compose one man's whimsy on how to have authorities officials to do their sworn or legal responsibility. Before you distribute any or all of these recommendations, you must do the requisite search to affirm the strategy is sound and can be wrongfully applied to your anaesthetic county clerk, official of deeds, Sheriff etc. - Editor
When a county salesperson, recorder of deeds, etc. "refuses to create":
1. Get a graphic statement, sanity or "defense" from clerk who refuses to make your papers. This is the Initial fastening in your "chain of inform".
2. As per your propose Unvarying Mercantile Write section 3-505/501, channelize a "Respond and Obligation For Accumulation Or Show Without Reject" by certified accumulation to the office (county clerk, official of deeds, etc.) that refused to admit your lien. In that "React and Responsibility", status that they produce for your inspection:
a) The Enactment or Law passed by the Assembly which authorizes them to excoriate the "Public" records for their individual and snobbish use;
b) Their personal Bar/ Attorney I.D. Periodical issued by the Refer Bar or Express Supreme Judicature which authorizes them to work "Legal Determinations"; and,
c) The Act of Law passed by the Legislature which authorizes them to modify and/or criminalise documents preceding to recording.
Supply them sound instance (30 days) to follow with your DEMAND to try transcribed someone, and then put them ON Attending that the "Law of Financier and Official" specifies that "The Agent is personally likely for acts not legitimate by the Lead." As much, unless there are laws granting the salesperson the country to respond to tape bound documents, the clerk/agent has no corporate garment of status for his or her refusals and may be personally unsafe to a cause.
3. If, after the commonsensible instance has elapsed, and they somebody failed to expose the longhand "expert" you Demanded, beam a Notice Of Nonremittal by certificated post, notifying them that they individual defaulted by not responsive. In it, ply them with a "alter to aid" their Failure by recording your model lien (or remaining documents) without boost disturbance, or get the consequences. Allow 10 to 30 days for their salutation.
4. If they don't act in the 10 to 30 days, transport them registered assemblage, a "Observe of Quantity Due" for the harm caused by their loss to you (or your Possession Rights) by their defalcation, neglectfulness of responsibility, default, and unlicenced "Refusal to Tape" in a "large assets" ($1,000??). Again, communicate them rational clip (30 days) to pay you.
5. After the 30 life commonsensical instance has passed (quality 4 or 5 days for the collection), publicise them certified communicating a "Test Observe of Quantity Due" for the scathe caused by their trauma to you. Again, stretch them valid time (30 days) to pay you the turn of restitution you've demanded.