You would think this Act would prohibit the personal information in the registries from being on line. Sometimes when I am searching a person, I can get so much up close and personal information on him that I can outline his whole life.
This is ironic isn't it? But it is typical of the problems. Laws written that restrict use or access by one agency may or may not restrict the use or access by another agency or even an individual. For example, the original social security laws prohibited it's use as a national identifier. But this only applied to government agencies. This old law is pretty much ignored now by both government and private entities. But it is still much easier to get a few thousand SS#s off the online counties than it would be to get them directly from the Social Security agency or the IRS.
In the title industry, once a mortgage document is prepared by the lender it can not be altered by anyone without permission from the lender. Therefore, many lenders without the client's knowledge or permission include the social security numbers on their documents.
I think this is true in most states. It was in Florida until they put the records online and realized the dangers of online identity theft. This was one of their reactions in an attempt to correct a bad decision by the state to put these records online in the first place. It is important to note, the law they instituted there only applies to the online official public records. In most of the states I have read about that allow redaction or propose to allow redaction it is only for the online records. I don't think I want anybody messing around my deed or morgage with a magic marker or white out.:) I want the document to stay exactly as and where it was filed. I just don't want it published over the Internet where the filing could easily bring harm to me or my family.
Most borrowers do not record their own documents but that is this Registrar's way of notifying his public of the risk that is being taken
I have seen a similar notice in all the counties I visit here in Texas. I think they may be required to post it by statute. The notices here, however do not notify the public these records will appear on the Internet. They only say they become public record. I think most people already know this but they expect the records to stay within the practical obscurity of the books in the Courthouse.
The borrowers don't often file their own records here either. Most people will probably only be in the clerks office two or three times in their life. These people also have no control over documents that are filed without their prior knowledge. Tom Delay's social security number appears twice in documents online from Fort Bend County, TX. Once when a federal income tax lien was filed and then again when he promptly paid. The same situation can exist when certified copies of documents that have been sealed in one jurisdictionare filed in another. Divorce records in Texas are filed in District Court. They can be sealed at the request of either party. But often reappear in the County Clerks office as certified copies.
Your identity of the public is right on target.
Thank you. It seems reasonable to me this definition was what our forefathers had in mind when they wrote the open access laws. How could they have imagined any member of the public would ever be able to visit the courthouse without going into the jurisdiction? Because they could not have imagined the Internet the definitions of both "public" and "access" were defined in the only way they knew. I am certain they never expected anyone from Nigeria, Rumania or anywhere else would be able to claim they were a member of the public and demand their write of remote access.
You are right, I wonder how interested my general public would be if they understood that their personal information is available worldwide.
Everywhere that I have seen where the public was informed, the reaction has been outrage. The exception has always come from those who profit from online and bulk access. I don't think the general public views anyone's convenience or profit as more important than the safety of their family.
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