Posted by BLE on 7/13/05 7:12am
Msg #51528

For J in CA and holding the docs

Sorry, I didn't check my words before hitting enter! Of course you can't really hold the docs hostage for payment. But you can threaten to do so. And to all the naysayers! Yes there are lien laws for nonpayment of services. Please note none were quoted. Though not quite as simple, lien laws allow for many forms of payment...such as a mechanic holding your car until the repairs are paid for. Do you think the finance company will care that your car is not with you when the payment comes due?

Reply by CarolynCO on 7/13/05 8:18am
Msg #51538

While yes, there are lien laws -- however, by even threatening to hold docs for payment, it's not the SS or the TC that you are putting in jeopardy, but it is the B-O-R-R-O-W-E-R-S. No matter how you try to justify your original post in telling J to hold the docs -- it's not something that should even be considered.

Reply by Dogmonger, Ca on 7/13/05 8:51am
Msg #51545

Perhaps more study is needed

There are lien laws, but those cannot be executed until contract is complete. Last time I checked, returning the docs in a timely manner is a very large part of the contract. You can learn a very important lesson from this, or you can continue to sink. Although we would all love some avenue sometimes to get even with the DEADBEAT companies. Most often you are only harming the innocent. JMHO, the above is not meant to be in any form or fashion to be cconstrued as leagal advice as I am not an attorney nor do I pretend to be one on the internet. I AM HOWEVER CHIEF BOTTLE WASHER, FRY COOK AND BRAIN SURGEON OF MY HOUSEHOLD, (If my wife says it is okey):-)

Reply by AnonymousMe on 7/13/05 9:15am
Msg #51558

Re: Perhaps more study is needed

Holding the docs???? No Way. After going to the original posts on this subject, it seems that BLE is only posting today to practice a little CYA!! If you're this kind of notary, what kind of lawyer will you be?

Reply by Anon on 7/13/05 9:19am
Msg #51560

Lien laws hardly fit the category of what you describe here. The threat of holding the docs for payment (ransom) may very will constitute fraud (breach of contract - whether verbal or written confirmation), extortion (I believe this one is obvious), and I believe we can skip mentioning the violation to state notarial laws here as they are numerous and obvious.

Withholding the docs to intentionally keep a mortgage from being recorded and a loan from funding may cause irreparable financial harm to all those involved, which I don't believe you have taken the time to consider.

Please feel free to take what I have here to one of your law professors or a lawyer to check my accuracy. You should probably refrain from giving out legal advice until you become a member of the BAR; and even then, if you are unfamiliar eith this side of the law, then you should do legal research to make certain you are giving accurate advice.

It is probably best that you study with diligence during your time in law school.