A  COUNTRY  JUSTICE,     Does your title  really need watching ‘

      So, i.m  starting to see ads– in print and also on TV — for outfits with names like  Title CHECK or TITLE SAFE which first warn you about

                           all the terrible things that can happen to you —  including losing your home and having your income garnished–  unless you hire them– at about 20  bucks  a month –to   search the county Clerk records to confirm that no one has filed a judgment or other type of lien against your home.   Some go on to detail the dire consequences if you don.t have this service including ultimate seizure of your home and  liquid assets, garnishment of income and ultimately eviction.

       Now, I have had no direct experience with any of these companies, but think that being acquainted with the recording system and general legal process will enable readers to decide if this is a product that they need.

       First, all kinds of real property records can be filed in a county clerk,s office with the consent of the owner and over his notarized signature–   a deed adding a co-owner, a transfer to another, and a mortgage to a bank are most common.  Recording the deed in the County Clerk,s Office establishes a public record of all those with an interest in the property.

       Someone other than the true owner would have to document their right to make such a filing and this would include holders of a judgment or a mechanics lien to name a few and I think you can rely on our County Clerk. Brad Kendall not to record such documents without  evidence of the filer,s right to do so.

         Kevin Denton  is an attorney and former judge retired after over fifty years of practice in  Dutchess County.. Your questions  and topic sugestions are welcomed but this  column does not create an attorney-client relationship