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New Scott pointed out half the problem, same as me
If you're asking the court to do the research, you're creating a huge change in the way courts operate.

Now you seem to be saying it should be the recorder to makes the determination. Box already said, and I gave more detail, that the recorder doesn't do research either. They just record everything. It's been this way for decades. (If not centuries.)

You say, "someone who their documents show as NOT owning the house," as though there is a document for every property, continually up-to-date, with a single field on it for "owner". That doesn't exist.

The recorder keeps a stream of documents, which can be searched for and collected, which relate to (or may relate to) a property. Someone receiving this collection of documents can review them in chronological order to determine any apparent interests in a property.

If you've only ever bought and sold houses that had clean title (see my other post) then it might have appeared easy when you saw the paperwork at your closing. "Yes, that document there says the title was transferred to the previous owner in January of 2001."

As soon as you start dealing with liens, second mortgages (to different lenders), past-due taxes, lawsuits from contractors, and of course foreclosures, that pile of papers can get really big really fast. And many of them are claims against the property, which may or may not be legitimate.

It's not simple, just because you want it to be.
--

Drew
New You are missing it here.
The court is supposed to decide between 2 parties, correct?

If 2 parties are not present (as is the case in nearly all of these cases) then the court should require that clear authority is established by the plaintiff, meaning they have to research title at appraiser and PROVE they have claim and have that claim verified.

Establishing ownership in property is the job of the government. I don't care if "its been that way for decades".

And again, this is a DATA ISSUE. Even when you describe this, it is a DATA ISSUE.

A simple verification of the DATA in this case would have shown the bank had no claim and the appraiser's office should have been empowered to reject that claim.

It should be DAMNED HARD for a lien or judgement to be entered against a property. (and no, not all of my sales/purchases have been clean title). Just because "its always been that way" doesn't mean 1) it should be that way and 2) it has to stay that way.

And the appraisers systems should be capable of doing this in a clear fashion. They have no problem sending the current owner a tax bill...and expecting it to be paid. I should have no problem, then, expecting them to know EXACTLY who owns a property.
Sure, understanding today's complex world of the future is a little like having bees live in your head. But...there they are.
New nit
fulton county finds it hard to find out who to send the tax bill to. Its only updated once a year and is frequently wrong
Any opinions expressed by me are mine alone, posted from my home computer, on my own time as a free American and do not reflect the opinions of any person or company that I have had professional relations with in the past 55 years. meep
     The magic of the marketplace at work. - (Another Scott) - (116)
         Nice job - (drook) - (87)
             Hmmm - (beepster) - (86)
                 Some hints. - (Another Scott) - (85)
                     So you are blaming the banks.. - (beepster) - (9)
                         Where was "Tax Assessor" in that story? - (drook) - (8)
                             as a former real property title recorder - (boxley) - (1)
                                 I knew that - (drook)
                             What do you think they appraise them for, anyway? - (beepster) - (5)
                                 "I don't know what's involved, so it must be easy." - (drook) - (4)
                                     sigh - (beepster) - (3)
                                         Scott pointed out half the problem, same as me - (drook) - (2)
                                             You are missing it here. - (beepster) - (1)
                                                 nit - (boxley)
                     Two (and-a-half) issues - (drook) - (74)
                         Re: Two (and-a-half) issues - (beepster) - (73)
                             Um, it's my understanding... - (Another Scott) - (70)
                                 What I think... - (beepster) - (69)
                                     <sigh> - (Another Scott) - (50)
                                         And why is their no fault - (beepster) - (49)
                                             It's not their job - (drook) - (48)
                                                 Not even remotely - (beepster) - (47)
                                                     I see the solution! - (Another Scott)
                                                     Now you trust the government to be perfect? - (drook) - (45)
                                                         :-) Thank you. -NT - (Another Scott)
                                                         sigh - (beepster) - (43)
                                                             Try to keep up, I'll type slow - (drook) - (42)
                                                                 who needs to type slow, I wot... - (beepster) - (41)
                                                                     The court is not a party in a civil case. - (Another Scott) - (14)
                                                                         No I'm not. - (beepster) - (13)
                                                                             You're waving your hands around about a perfect world. - (Another Scott) - (12)
                                                                                 Re: You're waving your hands around about a perfect world. - (beepster) - (11)
                                                                                     You're still not getting it. - (Another Scott) - (10)
                                                                                         Simple question. You still didn't answer. - (beepster) - (9)
                                                                                             We already have a system, if we would use it - (drook) - (4)
                                                                                                 Re: We already have a system, if we would use it - (beepster) - (3)
                                                                                                     Your idea, right - (drook) - (2)
                                                                                                         Getting there. - (beepster) - (1)
                                                                                                             no, charge 3k for recording fees and they would have it - (boxley)
                                                                                             Your question doesn't matter. - (Another Scott) - (3)
                                                                                                 No it isn't. - (beepster) - (2)
                                                                                                     This is hilarious. - (Another Scott) - (1)
                                                                                                         Hmmm ... - (drook)
                                                                     Okay - (drook) - (24)
                                                                         oh for chrissakes. - (beepster) - (23)
                                                                             Let's start from the beginning - (drook) - (22)
                                                                                 Lets. - (beepster) - (21)
                                                                                     Got a question - (drook) - (20)
                                                                                         Its about effecting change. - (beepster) - (19)
                                                                                             You like that Act? - (drook) - (18)
                                                                                                 You are the one telling me - (beepster) - (17)
                                                                                                     Standard format != data validation -NT - (drook) - (16)
                                                                                                         so what? - (beepster) - (15)
                                                                                                             Punt - (drook) - (14)
                                                                                                                 Except - (beepster) - (13)
                                                                                                                     data entry != data validation -NT - (drook)
                                                                                                                     hi 90's accuracy for legally binding docs? watchu smoking? -NT - (boxley) - (11)
                                                                                                                         He's corporate - (crazy) - (10)
                                                                                                                             Excuse me - (beepster) - (9)
                                                                                                                                 I don't think you know what that word means - (crazy) - (8)
                                                                                                                                     for a guy - (beepster) - (7)
                                                                                                                                         So now ... - (drook) - (6)
                                                                                                                                             Ah, so.. - (beepster) - (5)
                                                                                                                                                 Ah, let's compare our big swinging - (crazy)
                                                                                                                                                 You're still fixing the wrong problem - (drook) - (3)
                                                                                                                                                     Re: You're still fixing the wrong problem - (beepster) - (2)
                                                                                                                                                         They already do - (drook) - (1)
                                                                                                                                                             Look at SCO v IBM. SCO v Novell. SCO v AutoZone... - (folkert)
                                                                     Re: who needs to type slow, I wot... - (malraux)
                                     They did ... sort of - (drook) - (17)
                                         Who is the controlling authority - (beepster) - (16)
                                             WTF beep - (boxley) - (15)
                                                 Ahh, a magic moment - (crazy)
                                                 1983? - (beepster) - (13)
                                                     FIFY - (Another Scott) - (3)
                                                         Re: FIFY - (beepster) - (2)
                                                             People keeping records aren't investigators. HTH. -NT - (Another Scott) - (1)
                                                                 and if they keep the correctly - (beepster)
                                                     so you got the money in west palm? - (boxley) - (8)
                                                         No, a true libertarian would never leave the house - (crazy)
                                                         6k times 5...30k, sound outlandish? - (beepster) - (6)
                                                             Where did I say I want paper? - (drook) - (5)
                                                                 Ok. - (beepster)
                                                                 Two things: - (malraux) - (1)
                                                                     Back to this. - (beepster)
                                                                 Re: Where did I say I want paper? - (beepster) - (1)
                                                                     Forms - (beepster)
                             Don't you know how courts work? - (drook) - (1)
                                 Nice red herring - (beepster)
         Variation on a theme. - (Another Scott) - (1)
             another thing to remember, title insurance is just that - (boxley)
         Foreclosure system rife with fraud and negligence - (jay) - (10)
             This covers all the problems... - (folkert)
             Hmm - (beepster) - (8)
                 Did you read the "whining of the rich" thread? - (drook) - (7)
                     D'uh - (beepster) - (6)
                         BeeP, meet Beep ... maybe you guys should talk - (drook) - (5)
                             Cost to government /= process cost to bank - (beepster) - (4)
                                 A unique viewpoint for you - (crazy) - (3)
                                     Even it it costs 5x private - (beepster) - (2)
                                         Remember that post - (crazy) - (1)
                                             Whatever. -NT - (beepster)
         Ok. I give up. - (beepster) - (6)
             <snoopy dance> - (Another Scott) - (5)
                 Re: <snoopy dance> - (beepster) - (4)
                     Sure he did - (crazy) - (3)
                         ICLRPD: This is RCMC quality. -NT - (drook)
                         I might actually agree with you - (beepster) - (1)
                             The things you are forgetting... - (folkert)
         Oh, one more thing... - (Another Scott) - (7)
             funny - (beepster) - (6)
                 No you're not - (drook) - (5)
                     This ---^ -NT - (Another Scott)
                     ok. - (beepster) - (3)
                         You've heard of "separation of powers" I assume? - (Another Scott) - (2)
                             not talking about the radio problem - (beepster) - (1)
                                 The system is pretty good. - (Another Scott)

That will get motion if the package maintainer is a sheep...
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