Laws passed in Iowa in 2005 and 2009 require county recorders to participate in an online records system, but two counties are refusing to cooperate. Two years ago, privacy advocates discovered the system contained hundreds of social security numbers - including Governor Chet Culver's. Officials in Hamilton and Hardin counties are refusing to provide new records, citing privacy concerns. The debate is heating up as the Attorney General's office reviews the situation.
The Iowa County Recorder's Association is pushing the counties to comply with the participation requirements for the system, IowaLandRecords.org.
"We believe that the Hamilton County Board of Supervisors and the Hamilton County recorder have willfully refused to perform the duties of the office, and have been and continue to be in clear violation" of the law, the association wrote in a letter to the Iowa Attorney General Tom Miller.
The failure to participate, advocates of the system claim, slows land transaction recording, increases costs, and makes it unnecessarily difficult for the public to obtain records.
Deb Winkle, Allamakee County Recorder and President of the Iowa County Recorders Association said "This is the way things are. People want to sit at home and pull up [public] documents."
The system, which was shut down in 2008 over privacy concerns is costing taxpayers millions of dollars. A new redaction system that will cost about $2.4 million, is funded by an additional recording charge of $2 per transaction. Still, Hamilton and Hardin counties argue that it doesn't go far enough.
“They are still not removing information I consider to be a possible threat,” says Kim Anderson, Hamilton County Recorder. “It will have your name, your address, your marital status, possibly your birthday, it’ll have your signature which can be cut and pasted into any document.” Anderson is not opposed to "indexing" real estate records, but she is concerned about the "wholesale reproduction of documents for Internet-access" that contain personal and confidential information.
As we have discussed many times in the past on Source of Title, Iowa is very different from other states when it comes to title insurance. In fact, Iowa has done away with private title insurance in favor of the Iowa Title Guaranty Division - a state run alternative to traditional title insurance. One of the main requirements is that a participating abstractor prepare an abstract to be reviewed by an attorney. In order to become a "participating abstractor" one must "own or lease, and maintain and use in the preparation of abstracts, an up-to-date abstract title plant including tract indices for real estate for each county in which abstracts are prepared."
I fail to see the point in mandating that counties contribute their records to an online system when it apparently isn't even good enough to be used in the title insurance system. Is it really essential to provide access so people can sit at home and pull up public records?
As I have always maintained, the danger of allowing this is that the Internet is global. If John Q. Public can sit at home and peruse the public records, so can anyone in Nigeria... or wherever the latest hot spot is for Internet scams and cons.
I'm glad that we have some public officials who understand the risks and that they have the backbone to stand up for the protection of their local citizens. Why is there, all of the sudden, some great need to put everything on the Internet? The system works without it and last I checked there is no Constitutional right to sit at home in your pajamas and access the public records. If you need something in the public records - get dressed and go to the courthouse!
I fail to see the correlation between online records and the claims that if they don't do this it will slow real estate transactions. Clearly, abstractors will still be required to use their own, or leased, title plants for purposes of the Iowa Title Guaranty program. It seems to me that requiring this online system can only be the beginning of the end to what Iowa has always believed was a superior system.