This is hilarious.
This is a dispute about a very specific item where the controlling legal authority is clearly defined.
The "controlling legal authority" [Why do you keep bringing that term up? Some sort of residual dig at Al Gore or something?] isn't a party to the dispute. Again, it's irrelevant.
Or are you saying that if I show up with pretty paperwork claiming your house and you aren't there..the judge should give me your house without question...because thats the way the system has worked for thousands of years?
What does that have to do with the topic at hand?
Your strawman about what "should" happen isn't relevant. What actually happens in the US civil court system is that people win default judgments all the time. The US civil court system <GIANT FLASHING BOLD TEXT WITH SPRITES AND GONGS> relies on evidence presented by the two parties </GFBTWSAG>. It relies on the 2 parties being truthful. Your wishing for some government authority to independently investigate and certify documentation <GFBTWSAG> provided by the parties to the government recording offices </GFBTWSAG> puts the onus on the wrong entity.
If someone shows up at my house claiming ownership, they can expect a lawsuit. Under your system, of perfect data, that somehow has a mistake even after being certified by the Grand Certification and Verification Poohbah of Land Records, the party bringing the claim and winning a judgment in court can also expect a lawsuit. (I'm sure you're aware that most government entities have immunity from suits in the performance of their duties.) Your magical, free, "perfect" data system wouldn't change that.
Nobody is arguing that land records shouldn't be accurate. Yes, they should be accurate. (Happy?) Where we differ is that you seem to think that some magical efficiency fairy will make all land records error-free and cost-free for someone else to do a plaintiff's job.
What happened to personal responsibility? Why shouldn't the bank and its agents be called to account and punished for causing this problem?
Sheesh.
Cheers,
Scott.
