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Thread: Be Your Own Recorder?

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  1. #1
    Thank you for the links.

    Public officials are required to post their oaths of office at the county clerk and recorder, or at the Secretary of State (district officials). That does not mean that we are limited to that venue. It is still a great venue in my opinion but I have posted by clear packaging tape on streetlamps before the Post Office, Major Church, Library, Clerk and Recorder and Courthouse for ten days too.

    I have also used minor legal papers.

    I suppose the important question to ask is who is exposed to the notice?

  2. #2
    The record is your court .... nice ....

  3. #3
    Quote Originally Posted by David Merrill View Post
    Thank you for the links.
    You're welcome.

    Quote Originally Posted by David Merrill View Post
    Public officials are required to post their oaths of office at the county clerk and recorder, or at the Secretary of State (district officials). That does not mean that we are limited to that venue. It is still a great venue in my opinion but I have posted by clear packaging tape on streetlamps before the Post Office, Major Church, Library, Clerk and Recorder and Courthouse for ten days too.

    I have also used minor legal papers.

    I suppose the important question to ask is who is exposed to the notice?
    Working with one other is probably a best. Just as one might have a process server. One could have the same process server act as a clerk of court or deputy clerk. Certification of copies could come be done in tandem (two-party certification). Everytime you make an entry you could have one or two other books that mirror the primary book are earmarked for being shipped out to a fiduciary such as the SoS or to a county library. Records being cohesive, consistent and honest will serve to bolster your competency and reliability. And if the County Clerk wont record, you have your own records.

    Re notice: the parties that any given entry into your books pertains to can be notified as to the entry of any given record. And the reference can be made thusly...

    "As per an affidavit recorded at page ___ book ____ of the year 2011 of the Chief & Deputy Recorders of the Van Norden Clan ... which book or copy thereof has been deposited in the archives of Bryer & Smith Law Firm, 100 Main Street, New York, New York 12345..."
    You dont have the attorney-at-bar side of the law firm just hire them to as trustees to keep records. Perhaps an accounting firm could be a good repository too?

    For a small household record book, one might deposit archive or backup copies of record books only on a yearly basis by sending them to an a law firm of choice or to SOS or to a public or private library. Perhaps even a public or private university's law library might take them and shelve them.

    I agree that the County Clerk and the USDC are awesome as repositories--the SoS is too (typically they might be responsible State Archives too). However agreed the old-fashioned sign posting is great too. Having a set of record books that parallel the County Clerk's or the USDCs that mirror those of the USDC or County Clerk (as far as your affairs or those of others who want you to record) should serve to even moreso bolster your position and also support the competency and validity of your court. Your process server could serve as as an assistant clerk and provide certification as to the copies. If chaos breaks out--your court could continue--talk about continuity of government!

    ***

    Key IMHO is having books that are larger than 8 1/2 x 11 ... legal sized pages can be folded at the bottom with the 8 1/2 x 11 part of it glued to the book. I have called county clerks and they have been very helpful and willing to discuss their systems.

    Also, one can make one's own books by ordering bookmaking supplies and gluing oversized blank paper--preferably archival quality paper. An excellent resource for oversised paper--I have acquired large sheets which I have cut to size myself from:

    http://paperandmore.com/

    It might help to remember to ALWAYS keep your emotions out of the process and integrity of maintaining your books. I would tend to want anyoene recording any affidavit or alleged mailing in my records to bring certificates of mailing, postal receipts, certificates of service or the like. If they want me to mirror county or USDC records they will produce certified copies which I (preferably also with a deputy clerk) can verify are exact copies of what is on Pacer and THEN make an entry into my book. This way the USDC or County records stand less of a chance of getting 'lost' or disappeared.

    Having written rules for recording doesn't hurt. Also, one could file a fidelity bond with a State Treasurer for protecting others against errors or the like--this should serve to bolster the admissibility of your books.

    The advantage of using an attorney or law firm is that the attorney can create a certificate as to receipt of the book and the chain of custody with respect to the books. One could also set up a website that allows documents to be retrieved by book #, page # and by entry/record # . Remember private records ought to be private.

    Filing an indemnity bond with the State or US Govt could also serve to bolster your position in that the bond would serve to protect those suffering losses in connection from errors or fraud in keeping your records. Even where your records might be private there might be times where they might cross over into involving a public matter.

    Last edited by allodial; 05-30-11 at 09:12 PM.
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