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Monday, April 14, 2008

Saturday, June 24, 2006

  • Of Magnets, Moments and Men

    My step father is dying of cancer. The biggest problem with this is that he is likely not a believer in Christ, and his denial of the severity of his situation concerns me.  He thinks he is, because he has sat on a pew for a few years, but I wonder if he has really trusted the One who gave His life for His people.

    I hear from his natural daughters that he is bitter and angry that he is about to lose his life.  After all, I am certain that his 88 years on the planet, most of them healthy and vital years, have given him a sense of entitlement to this life. 

    It reminds me that truly we do not own our lives.  Life is given and life is taken.  The Lord giveth and the Lord taketh, if you will.  Life is of God.  We have no control over when we enter and little over when we leave.  Each moment, each breath, belongs to God, not to us.

    We try to make our stay here pleasant and painless as we can, and can even take measures to prevent disease and stave off the Grim Reaper.  We live in denial that the end is coming for each of us.  Personally, I love my wrist magnet for joint pain.  But that joint pain reminds me, and my entire being reminds me (especially in the morning) that there is more time past for me than there is ahead.

    The array of things we have to dazzle and distract us from the inevitability of our position is staggering.  Parenting the baby, training the baby, taking the tike to soccer, getting him in the right school, seeing that he gets the right lessons, getting him into the right college, then a career, planning the wedding, then planning for retirement, with just a few vacations and hobbies here and there can consume all of our time.  I think this is what happened to Dad.  All his time was devoted to getting some place desirable, some place of peace and rest, some place where he could lay it all down and be content. 

    The place of peace and rest, where we can lay it all down, is right here, right now, in Christ.  Only the reconciliation  He offers the sinner provides the means to really  lay it all down, find that place of contentment, and live knowing that we truly own nothing, not even our lives, but we can wholly trust the One who gave us life.  Only seeking Him, the only God who claims to seek nothing from us but our seeking, grants this peace.

    Dad--your life is not your own.  Give what you cannot keep to gain what you cannot lose, in the words of Jim Elliott.  Seek Him while He may be found, for today is the day of salvation.  Throw yourself on His mercy and rest in His assurance that He who gave life can keep it safe in His heaven forever.  Ask and it shall be given.  Seek and ye too shall find.  Be certain that when you walk through that door, He is there with open arms.  I hope to see you soon.

     

Wednesday, February 08, 2006

  • Well, people.  I have decided in concert with my faithful assistant to avoid future closings.  I am 1700 in the hole from title searches that will never close, deals that fell through, and documents copied for no reason (now).  And I really prefer practicing law, so that is that.

    But I have great news. My little town has a bar association, and though there are like only 8 lawyers in my town, and half of them are half retired, we get a pretty good turn out at the bar meetings from judges and lawyers from the next main town.  We really get a turnout when the bar assn. picks up the tab for judges at the holidays. 

    Anyway, I sat with three locals and actually was complimented on my legal expertise, particularly, (and get this people, for I am shocked), in regard to my competence as a litigator.  So there you have it.  A sign.  And a possible referral, which is always nice.

    Not everyone has as their claim to fame a singular understanding of statutory ways of necessity.  This is the case from which my present notoriety stems, and so, my assessment that I had indeed ticked off everyone in my little town, turns out to be more a combination of respect, and the fact that I actually have ticked off a few people.  Ah, c'est la guerre.  I am ready to take on a new challenge again.

    So, Terri is back practicing 'real' law, and the title company is waning.  But hey.  I am also making money, which, as I recall, is the reason one starts a business.

    So thanks guys for the nice bar dinner, and the encouragement. Glad I went to the bar dinner tonight.  And give that guy who needs an easement a card.  Can he pay a retainer?

Thursday, February 02, 2006

  • Criminal Law and Closings

    Faithful Reader, you will recall my disenchantment with the current state of affairs in my professional setting.  Having the natural tendency to believe that I alone endure these slings and arrows of outrageous fortune (I am the baby of the family, after all), it was a great comfort to me yesterdy when my faithful and kind assistant informed me about her chats with the instructor at her latest seminar on closings.

    My faithful assistant has attended two closing seminars in the past couple of weeks. She has graciously shared with me the fruits of her study. The net effect of these seminars is threefold confirmation by the instructor that we are correct in our assessment of this business. 

    First,the instructor confirmed that it is nearly impossible to find that unicorn of a creature called, 'the simple closing.'  Second, it is nearly impossible to hold on to clients when one insists on doing things right, and charging for it.  And third, there are indeed auditors out there awaiting the crash, who will be examining files for fraud, conspiracy, and other infractions once the real estate bubble bursts, and banks fail.

    Well, I know I feel better.  I tell you: I have done litigation and it was easier than this.  In litigation you have 20 days, 30 days, and then grace periods for mailing, to do almost everything.  In title work you have like 20 minutes, and sometimes seconds.  I am so grateful I have a law degree and can fashion another life for myself.  Criminal law comes to mind as an alternative that would be less stressful.

    And before you, dear Reader, assault me with the usual, "But how can you defend a trespassing wife battering bank robbing pedophile alcoholic mass axe murderer that you know is guilty?," let me assure you that everyone deserves and is granted the right to a defense by the Constitution.  The problem with lawyering is and always has been extending that right into lies about the facts.  Now that is indeed wrong.

    And they are grateful for your help.  The criminals, I mean, er. . .  the accused.  Something I usually cannot say about those associated with the world of closings. 

Thursday, January 26, 2006

  • Terri, the Title Titan Tattles on Terrible Transactions

    I have a title company, and I am an attorney.  I used to think title work, being transactional, and being consensual, for the most part, would be a lower stress type of practice.  It seems simple enough--one party wants to buy, and another wants to sell.  How incredibly disappointing to find the real truth.  The title company is viewed as the bottom feeder of the real estate world, paid exhorbitantly merely to push papers around, and expected to be the nanny and mediator of every transaction. 

    So, I have decided to take some liberties with music to vent my soul in the limited arena of the business world.  Your indulgence is appreciated.

    How many HUDs must my company fax

    Before we can say 'final HUD?'

    Yes, and how many faxes must we send to the bank

    to beg them to wire us the funds?

    How many times will the surveyor call

    And tell us, "The survey is done?"

    The answer my friend, is blowin' in the wind.

    The answer is blowin' in the wind.

    Soooo.I have come to some startling conclusions. 

    First, I know for a fact that there is a genie by every fax machine in companies employing more than five people.  Perhaps they hire a small boy for this purpose.  The function of such a worker is to immediately grab whatever comes over the fax machine, and shred it.  This must be true, because hours, or sometimes even days after faxes are sent to these organizations, they send out distress calls, some of which are even accusatory and hostile, demanding that faxes be sent again, containing the information contained in the very first fax.  Thus, the cycle begins again.  Perhaps this could be reduced somehow to a board game and sold to Parker Brothers.  If you send enough faxes to overwhelm the genie and actually get a message to the intended recipient, you get points.  Think they would object to my asking for a fee?

    Second, there are lots of people in the world who will do little or nothing to advance their own interests.  I give you a fairly typical closing, done on a mail away basis, for the convenience of the customer, of course.  Detailed and precise instructions are included for the hapless seller or buyer, whose understandably limited experience in these matters must gently but firmly be taken into account.  Find a notary.  Sign by the X.  Return the documents using my FedEx account.  Call me if you have any questions at all.  These seem straightforward enough to me, but then I know I have my blind spots.

    Days pass.  No return envelope appears. I call the real estate agent and tell them no envelope.  Now, since I have less than five people in my office, there is no genie, and my success rate at finding the lost has thus far, over the course of 23 years of practice, been excellent.  In other words, I get my faxes and usually the FedEx guy hands the envelope directly to me.  The real estate agent calls. The bank calls, and I go to the back room, and call the seller (whose phone has often enough been disconnected).  I consider reading tea leaves, but generally consider this to be the problem of the seller's real estate agent, who is making enough to go to Bimini and back five times.  But I am remiss.  The truth is that I am responsible. Who knew? I am instructed to call and call again.  Send the papers again.  Recalculate and change the date.  Again, and again.  Resend the papers.   I did not realize the responsibility that comes with this position.  I need to keep an investigator on staff to find people who, just 30 days ago, waited anxiously for someone to buy their property.  And I need a bulk discount on paper and toner.

    I shall add more as fancy permits. 

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Esquirette

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    • Name: Terri
    • Country: United States
    • State: Florida
    • Member Since: 1/24/2006

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  • "Thou hast formed us for Thyself, and our hearts are restless till we find rest in Thee" ~Augustine

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