Re: info about non judicial foreclosure
Posted by steele in minnesota on January 29, 2008 at 09:54:39:
In Reply to: Re: info about non judicial foreclosure
Posted by jim on January 28, 2008 at 16:15:18:
Actually I didn't say not to read the statutes. Or didn't mean to suggest that if it came across that way. The problem with a flat media like email or forums is that one can't see or hear the person making the comment.
May not make my point any better here but the "problem" with statutes is that they are impossible for most consumers to read and understand. Shoot, I wonder about the legaleze myself a good share of the time.
What tends to be most helpful is if one has a good understanding of the particular statute and can "translate" it into plain English for the other readers. And then when going to the link to the actual statutes they tend to make much more sense.
And as always, there are interpretations of statutes that can disagree. That's why we have discussions :>)
As to practicing law without a license, again I come from a field that is increasingly sensitive to this area. Cases where it is cited are often those where another main issue is being made, but it is used as an additional "hammer" to pound the opponent. Misrepresentative of agency is another often used against real estate agents. Rare for it to be the leading arguement but often used as a supplemental one.
Having taught legal liability reduction to Realtors along with an attorney I tend to be cautious in this area. Maybe over cautious. Terms like "my understanding", "what I have seen here" and "my opinion" are normal disclosures as we discuss areas that are legal in nature.
In my state they used to post license violations as part of a newsletter to the licensee population. Practicing law without a license was one we would see.
Now with privacy laws they are not sending it out. So sorry don't have immediate cites for you. And as I said often it is a secondary "charge" in a lawsuit. And the only things worse (in my opinion)then reading statutes is reading a lawsuit trying to find a buried citation :>)
As to the internet, you know as well as I do that it is still largely the Wild West. But I would hate to be the one the new Sheriff decides to make an example of.
So I urge some caution and basic disclosures when giving advice that is legal in nature.
As I remember the comment made by one attorney was to the effect that a person had said he wasn't an attorney and then proceeded to give out step by step advice on a very complicated legal procedure.
"Don't walk like a duck, quack like a duck, have feathers like a duck and have webbed feet like a duck.
And then claim you're a cow."
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