Courts and land record offices aren't on the same side of the fence. They've got no business talking directly, as I said before.

Yes, the system favors the banks. The banks and their agents have the vast majority of the power in any dispute with a single homeowner. It's another example that illustrates we have a system that often tilts the burden away from those with economic power. That problem can be solved by enforcing existing rules about information presented in court. It's not unreasonable that the banks bringing an action, like any plaintiff, present correct information. That's been the standard for all civil cases for hundreds of years.

You know, there's a slightly more sensible proposal if you're really worried about people losing their homes through court actions that they know nothing about. We could have a system where a court appoints a "public defender" for such people. You could at least argue that there are no separation of powers issues, no vast new data entry and keeping systems needed, no appeals for perfect data that eliminates mistakes, no shifting of responsibility to different entities. I would probably still disagree with it as over-reaching (what about car repossessions, evictions from apartments, contract disputes, etc., etc. - it would quickly balloon out of control and involve the state in paying for arguments between parties in private disputes), but it makes more sense than your proposal.

Every system has corner cases and incorrect results on occasion. Film at 11:00. That doesn't mean the system needs a wholesale restructuring (as your proposal would entail).

Your hypothetical system in which perfect online data is collected and verified by clerks with cost savings is a pipe dream. And - here's the important part - even if we accept that such a system could be built, that doesn't mean the burden of proof should be shifted to the courts or the recording offices. The court and those who manage the perfect database have no business being a party in a civil suit. The burden of proof belongs with those bringing the action - BoA and their agents. In a civil case, the court is there to decide between sides - not be an agent itself.

Nobody, except you, is making categorical statements that the existing system cannot be improved. Some of us, though, think it can be done by (among other things) extracting significant sanctions from those who brought the mistaken action in the first place (BoA and the other bank and their agents in this thread) as the system provides. Maybe, if it costs them a few million dollars each time they get caught like this, they'll hire enough people to do the job properly.

Cheers,
Scott.