I just love it when lawyers and business people show their true colors. The fact is, if you’ve met me in real life, you’ve probably heard me exclaim how I am the laziest bastard I know. And it’s true, I am. I loves me a nap!
That’s actually one of my better qualities, as I’m certainly not going to do lousy work, and I’d really like a nap, so I’m going to find a way to do it better. It’s what makes me such a fun guy to have around – I will look at what we’re doing, and find a better way to get it done.
The only problem with having this mind is that I’m constantly sure there’s a better way to do everything, so I’m constantly looking for that way, and I rarely get to take naps. Alas, it is the way of things. Necessity may be the mother of invention, but let’s be real, laziness is it’s father.
Anyway, back to the whole true colors statement with which I started this post – Lawyers & Business People. What a bunch of dicks. Instead of working to protect all of us, they are working to protect their naps, in a full-on-dick-ish way.
You see, you have, in certain transactions, the need for a notary. Selling a car. Writing a will. Selling real estate. The list goes on and on. And the people who notarize the documents to sell stuff have a duty to follow the law as the law actually does what it intends. (Given that most laws have unintended consequences, this is unusual, but there it is.)
As the lawyers have said, the journal isn’t necessary. In the same way you’re email doesn’t need a password to protect it. The journal is the key to verifying that the State’s business has been done legally. We need that key.
There are many points to this, but lets go with a big one that’s currently in the news – Foreclosure. In order for a bank to foreclose a property, certain documents must be produced and notarized and submitted to the courts for the foreclosure to be finished. What’s happened recently is a lot of notarial fraud and therefore those documents are illegal, and someone should be going to jail. Here’s one instance where a document was notarized, but the person who supposedly signed it had died 12 years earlier. The whole process took a bit to figure out, but that’s because it crossed state lines and had a whole mess of other issues.
How would the journal have helped? Easy. Any time a notary is done, the journal is updated with enough information that at any later date, anyone can verify the notarization by reviewing the journal. That’s important, because notaries, while wonderful people, are mortal, but the bill of sale they notarized will live as long as the property. The journal, which upon resignation of notarial duties or death, becomes part of the court records at the local county courthouse, is public record of transactions that anyone can review.
The people who don’t want the journal are idiots and thieves. In fact, the biggest proponents of this bill are Used Car Dealers. Know why? Because they have to have every title transfer notarized, which means standing around for 3 minutes while paperwork is being done when a person can think and choose not to buy the lemon they’ve been pushing.
So while it’s not a sexy bill, it is important. HB 306 needs to die.