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Thread: county recording/registering - nature of grant of instrument to county, state, etc.

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  1. #1
    Quote Originally Posted by andrew patrick View Post
    this topic has been on my mind recently and i still don't have closure.

    when we 'record' and/or 'register' an instrument with the county recorder and/or register/registrar, is there an assumption that we are granting the instrument and the substance thereof to the county and/or state and/or "United States"?"

    it seems to me that all such recordings/registrations are grants in trust, but absent any express intent to the contrary, are we not granting the county/state/'U. S." right at title to said instrument/substance on general deposit? does county/state/"U. S." then assume beneficiary interest therein, whereas the grantor is deemed to accept trusteeship?

    love, peace and life to you all...
    In my opinion, the county courthouse is a public building and the clerk is available, and obligated, to serve the public. The public is the collection of people who live and operate near the area and you have right of access to that building, and service from the clerk, as anyone else.

    The issue is that the courtrooms in the building are always "booked solid" by members of the BAR who have mostly monopolized the time in that building. The obvious reason why that is welcomed and accommodated so enthusiastically, is that the members of the BAR generate tons of "money" for the county; they give the county plenty of business. That doesn't mean you are not allowed access to the court, it just means you have to find the few available time slots in order to conduct your affairs when necessary.

    Now, as it pertains to recording instruments: I do not believe there is ANY claim of interest in your property simply because you decide to make a public record. The verbiage on your instrument dictates your claim; it is YOUR deed (act) and the original instrument gets sent back to you; it is YOUR property. The county clerk is the holder of the public record and only has a copy of your original which can be used to issue "certified" copies of your original instrument.

    Think about that for a moment as it applies to "CERTIFICATE OF TITLE" for a car or the "CERTIFICATE OF BIRTH". Who holds the original? The holder of the original is the one who claims primary, and/or sole, interest in the property.

    In my opinion, "registration" is a whole other animal; I believe that is tantamount to begging or petitioning the STATE for recognition of something.

  2. #2
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    Quote Originally Posted by BLBereans View Post
    In my opinion, the county courthouse is a public building and the clerk is available, and obligated, to serve the public. The public is the collection of people who live and operate near the area and you have right of access to that building, and service from the clerk, as anyone else.
    I don't agree.
    It is a private building.
    Whom did the clerk swear the oath to?
    The public is a collection of persons.

  3. #3
    Quote Originally Posted by walter View Post
    I don't agree.
    It is a private building.
    Whom did the clerk swear the oath to?
    The public is a collection of persons.
    A good idea would be to get it right from the "horse's mouth"; why not ask the local clerk?

    Write a simple letter with short simple questions, like:

    Is the building where you operate as clerk a public or private building?

    In order to "swear", and have any meaning or value behind it, one must do so appealing to a higher authority. Any meaningful oath is sworn to God.

    The clerk has many duties, but most of all, it is to be the keeper, holder and authenticator of the public record.

    The word person can be defined in any number of ways. People have a right to be secure in their papers and their persons without interference. Any clerk who swore an oath is bound to not interfere with such rights.

    The main purpose of those who hold office in "government" is to secure, protect and restore property. Rights are property.

  4. #4
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    Quote Originally Posted by BLBereans View Post

    Is the building where you operate as clerk a public or private building?
    In my little tiny town the court house is a private building that they rent.
    There is a vacancy in one of the shops below that is for rent right now.
    The government seems to be the biggest renter there by taking the whole top floor with family services etc.
    Court houses are registered corporations.

    Ottawa police hire private security to run courthouse security screening
    http://www.cbc.ca/news/canada/ottawa...ning-1.3170505

  5. #5
    Quote Originally Posted by walter View Post
    In my little tiny town the court house is a private building that they rent.
    There is a vacancy in one of the shops below that is for rent right now.
    The government seems to be the biggest renter there by taking the whole top floor with family services etc.
    Court houses are registered corporations.

    Ottawa police hire private security to run courthouse security screening
    http://www.cbc.ca/news/canada/ottawa...ning-1.3170505
    Even if that is true; the terms of the lease dictate the use and user of the building. Why not get a direct answer rather than presume?

  6. #6
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    Quote Originally Posted by BLBereans View Post
    Why not get a direct answer rather than presume?
    They hate me.
    They will do nothing for me.

    Acts and statutes are copy written. Private property.
    The bar card grants permission to use them.
    Public has no standing in a private venue.
    Public is granted access which can be invoked at any time.


    In this video the judge states its his court house.
    http://www.liveleak.com/view?i=af5_1431881023

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