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PaperclipPerfector  22d ago (text post)   2683 thread views

Friday Fun Thread for March 7, 2025

Be advised: this thread is not for serious in-depth discussion of weighty topics (we have a link for that), this thread is not for anything Culture War related. This thread is for Fun. You got jokes? Share 'em. You got silly questions? Ask 'em.

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Under Kentucky, law, they aren't; that's the purpose of the safe harbor provision. The problem is that they didn't comply with the safe harbor provision by only getting an attestation rather than a sworn declaration. To be clear, all an attestation is is a verification by the notary that the person whose signature is on the document is the person who signed it. The change would have been trivial to make at the time of signing, and the bank shouldn't be exempt from the consequences of not following the law.

I thought one of the main purposes of property registration regimes - including car titles - was certainty around liens. If the car is titled in Trimble, a lien against it in Trimble should be valid regardless of where the owner lives. Anything else leads to an absurdity, as the instant case demonstrates.

I'm not going to defend Kentucky's system of vehicle registration, because it's dumb. In PA and Ohio at least, liens are recorded in the county where the vehicle is registered, period. In PA it isn't even recorded at the courthouse, just with the DOT, which makes sense since the records aren't public anyway due to Federal law. The legislature had a chance to change it but they put a safe harbor provision in instead. That being said, the court can't just ignore the system that exists because they'd prefer a better system. The bank is the sophisticated party here, and they should know, understand, and follow the law as it exists, at peril of their lien not being recognized. I have no sympathy for them.

According to the opinion, Kentucky's policy has held otherwise since 1914 (Burbank & Burbank v. Robek) at the latest.

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