End of month statistics

It's February 1st which means it's time to look at January's recording statistics.  As in the past, I'll compare January 2012 with January 2011 but following that, there's a new feature - a three month comparison.  Looking at individual months spaced a year apart certainly has some value, but I think comparing the three most recent months to the three months before them will help spot emerging trends.  Here goes:

The number of deeds recorded in January 2012 was down 11% from the number recorded in January 2011 (384 to 342); the number of mortgages was down 12% (1185 to 1039); the number of foreclosure deeds was up 65% (23 to 38); and the number of orders of notice was up 70% (27 to 46).  The overall number of documents was down 8% (5335 to 4911).

Now for the three month comparison.  I took the same document types for the last three months (January 2012, December 2011 and November 2011) and compared their totals to the totals for the prior three months (October, September and August of 2011).  Here's what I found:

The number of deeds recorded in the last three months was down 6% from the prior three months (1354 to 1273); the number of mortgages recorded was up 20% (3129 to 3753); the number of foreclosure deeds was up 5% (111 to 117); and the number of orders of notice was up 8% (154 to 167).  The total number of documents recorded rose 12% (15015 to 16742).

whatifsports predictions Patriots 27-25

I don't know why they should even bother to play the Superbowl? The results are already in...

The Patriots will be World Champions. How do I know...whatifsports.com told me. Whatifsports.com predicts NFL winners including the score and games details.

In a squeaker whatifsports' computer model predicts the New England Patriots will defeat the New York Giants 27-25. Two points!? What a game, what- a- game!

And I've got details...

Both Tom Brady and Eli Manning will throw one interception and each team will turn the ball over once on a fumble. How do I know this? whatifsports' computer model told me.

And more...

The Giants defense will pressure Brady all day sacking him three times. But super Tom is tough and will still manage to throw for 296 total yards. Eli Manning too will feel the Pat's front four breathing down his neck. The Pats will get to Manning twice before game's end. But Manning will still have a good game throwing for 267 yards. I know this because whatifsports' computer model says so.

Details, details, details...

The Giants will be successful on six out of thirteen three downs tries an the Pats will convert six out of twelve third downs. The Patriots will punt three times the Giants four. The Pat's will rush the ball 24 times for a total of 98 yards and the Giants 27 times gaining 108 yards. Both teams will have three penalties called against them and both will average 20 yards on kick returns.

How do I know all this? Well, if whatifsports' computer model predicts it, it must be true.

Yes, whatifsports gives more details... but I'm going to stop right here before you decide its not even worth watching the game.

Technical difficulties with lowelldeeds.com

This morning we discovered some technical difficulties with lowelldeeds.com, which is the website of the Middlesex North Registry of Deeds.  The main masslandrecords.com site is working fine, however, so please go directly to that to conduct your searches.  If you run into any difficulties or need additional information, please email lowelldeeds@comcast.net.  We will place an update here once more information becomes available.

UPDATE: As of 1230 pm, the lowelldeeds site was back in operation, at least for most users.  Anyone who can't reach it yet should be able to shortly.  Thank you for your patience.

Proposed legislation on assignments

Yesterday I traveled to the Norfolk County Registry of Deeds in Dedham for a meeting of the Legislative Committee of the Massachusetts Registers of Deeds Association.  The main topic of discussion was companion bills filed by State Senator John F. Keenan of the Norfolk and Plymouth District and by Representative Michael D. Brady of the 9th Plymouth District.  Both bills, neither of which has been assigned a bill number, contain the following language:

SECTION 1: Section 6D of Chapter 183 of the Massachusetts General Laws is hereby amended by adding the following paragraph:

Each assignment of mortgage secured by residential property, as defined in said Section 1 on Chapter 255E, shall be forwarded within 30 days of the date of execution of said assignment to the appropriate registry district for recording.

Of the many problems with the mortgage industry uncovered during this most recent collapse of the housing sector, one of the most frustrating for homeowners was the inability to quickly and reliably connect with the entity holding each homeowner's mortgage.  The intent of this bill, as I understand it, is to increase the likelihood that mortgage assignments will be recorded in a timely manner which will thereby permit homeowners to ascertain the party holding their mortgage at any given time. 

There certainly is a need for this type of reform, so hopefully this bill or some like measure will be quickly enacted by the legislature. 

Flags at half-staff today

All state and federal flags on government buildings in Massachusetts are to be flown at half-staff today in honor of Army Specialist Keith D. Benson of Norwood who died in Afghanistan on January 18, 2012.

iNature

I recently saw a National Geographic article showing several new species recently found in the rain forests of South America. I couldn't stop looking at the pictures of these remarkable creatures. My obsession puzzled me. What is it about them that is so magnetic to me? I speculated...For the past ten years or so, I have absorbed myself in "things" related to digital advancements and perhaps I have shut out and forgotten Nature's many known and yet to be discovered wonders.

Click picture to enlarge.


PAC Man Frog








Turnip Tailed Gecko








Spectacular Conehead Katydid








Glittery Water Beetle










Cowboy Frog

Housing and the State of the Union

In his State of the Union address last night, President Obama addressed housing and mortgages.  This section of the speech in particular caught my attention:

There’s never been a better time to build, especially since the construction industry was one of the hardest hit when the housing bubble burst.  Of course, construction workers weren’t the only ones who were hurt.  So were millions of innocent Americans who’ve seen their home values decline.  And while government can’t fix the problem on its own, responsible homeowners shouldn’t have to sit and wait for the housing market to hit bottom to get some relief. 

And that’s why I’m sending this Congress a plan that gives every responsible homeowner the chance to save about $3,000 a year on their mortgage, by refinancing at historically low rates.  (Applause.)  No more red tape.  No more runaround from the banks.  A small fee on the largest financial institutions will ensure that it won’t add to the deficit and will give those banks that were rescued by taxpayers a chance to repay a deficit of trust.  (Applause.)

I assume this "let every responsible homeowner" refinance thing means the government will somehow insure the amount by which new loans exceed the existing equity in the home, otherwise the millions of up-to-date homeowners who are underwater on their mortgages will never have an opportunity to refinance, at least not anytime soon.  Since such a program if enacted would create a substantial (and quite welcome) uptick in business here at the registry, we'll be watching its progress in Congress very closely.

A Win is a Win, or is It?

When I was a kid I was a huge Patriots fan...notice I didn't say "New England" Patriots fan because in those days they were the "Boston" Patriots. I can even remember when the franchise started. I remember my father taking me to see the Pats play the Houston Oilers at Fenway Park back in 1964. And I remember the San Diego Chargers crushing them in the American Football League Championship game back in 1066 (the same year William the Conqueror invaded England)...these are old memories.

Today I enjoy the Patriots tremendously and never miss a game, so I'm still a fan, just not a "huge" fan anymore. Why am I telling you this?... because I feel a need to explain my reaction to last Sunday's Patriots victory.

So here goes...

Like many, many others in the area, I watched the Patriots/Raven AFC Championship game. I thought it was a great game, filled with excitement. But, I didn't think either team played particularly well. The climatic moment came with a field goal separating the teams. Raven's kicker Billy Cundiff ran on to the field for what appeared to be a routine chip-shot that would send the game into overtime...

When Cundiff's kick was in mid-air, I yelled to my wife, "he hooked it"...and then my next words were "I feel bad for that guy". I didn't yell "he missed it, the Patriots win". My wife just looked at me. "I mean it. I feel bad for him", I said again. I am little embarrassed to admit this was my reaction, but it was.

I leaned back on the couch and wondered...hey, Tony you're a Patriots fan. Why do you feel bad for Cundiff when the Patriots are going to the Super Bowl? What's the matter with you?

I continued to ponder my unusual reaction and then it hit me. I know why I didn't scream and yell "Super Bowl, Super Bowl, Super Bowl". I didn't because I thought this game "should" have gone into overtime. Neither team played poorly, but neither team deserved to win either. Sorry, but that was how I felt. Of course, I wanted the Patriots to win, but I didn't feel like they had earned it at that point...but neither had the Ravens.

I know, I know...all that matters is which team finished with the most points...but truthfully, some victories are sweeter than others... and to me this was a lemon.

Still seeking accountability for housing bubble

A story in the Business Section of the Globe detailed the quest of Eileen Foster, a Massachusetts-based former VP at Countrywide to recover judgment for what she alleges was her wrongful termination in retaliation for her internal complaints about Countrywide's lending practices.  Reading the story revived all the memories of shaky borrowers, fictitious financials, and loan originators who were paid based on the size of the loan and interest rate with the likelihood of repayment not even part of the equation.  I still found it astounding that no one has been held accountable for all of these practices.  It seems that the only time attention refocuses in this direction is when the odd, isolated case like the above bubbles up into the public eye.  The New York Times said as much last week in an editorial based on the ongoing prosecution of a single mortgage broker from Queens named Adul Ahmad.  As the Times observed,

Whatever Mr. Ahmad did or did not do, one thing is sure: he did not act alone. The attention Mr. Ahmad has drawn highlights the relative lack of scrutiny of the big banks and their senior executives. Big banks created demand and provided credit for dubious mortgage loans, which they bundled into securities and sold to investors. If not for reckless lending and heedless securitizing, there would have been no mortgage bubble and no mortgage bust — and, in all probability, no Edul Ahmad

At the end of the editorial, the Times speculates that lawsuits of the type recently brought by Massachusetts AG Martha Coakley "may ultimately prove more revealing and helpful to wronged homeowners" than anything done or being done by the Feds.  Still, it's now more than four years since the collapse occurred and that's a long time to wait for some resolution.

.

Homesteads and an uncooperative spouse

Someone recently asked a question (which I paraphrase below) about the new homestead law:

I noticed that the new Declaration of Homestead law requires both spouses to execute the document.  What happens in a case where the spouses aren't getting along and one spouse refuses to sign the form.  Does this mean the other spouse is precluded from obtaining a homestead? 

I don't believe the law addresses this scenario, but laws can't cover every possible set of facts so often the answer to a question like this must await an appellate court decision on each unique issue that arises.  That works well for everyone except the guy who has to be the first to litigate the issue.

Absent such a court decision, here's how I would analyze the question posed: Section 5 of Chapter 188 (the Homestead law) would apply. While section 5(a)(3) specifically states that where the property is jointly owned by a married couple, the homestead "shall be executed by both spouses."  But section 5(a) says it shall be signed "by each owner to be benefitted by the homestead."  If one spouse is not interested in obtaining a homestead, it would make no sense to prohibit the other from doing so just because of the recalcitrant spouse.  And I assume the empahsis on both spouses signing is because that's the exact opposite of the case under the prior version of the homestead law which only allowed one spouse to sign. 

If I was an attorney advising a client in this situation (which I most definitely am not - this is just speculation) I would say to fill out the homestead in his own name, make a note somewhere on it that the property is co-owned by SPOUSE but that she refuses to sign and he wishes to obtain a homestead on his interest in the property then I would record that.  But, if such a homestead were ever challenged, it would signal the start of a lengthy period of litigation over the issue

Deeds and Homestead releases

We're starting to see some documents come across the recording counter containing the caption "Affidavit Related to Homestead Pursuant to MGL c. 188, s.13" which states:

Section 13. A deed, release or mortgage containing a statement of the marital status of a grantor may be relied upon by a good faith purchaser for value. As to acts undertaken in good faith reliance on such deed, release or mortgage, an affidavit executed and acknowledged by the grantor, releaser or mortgagor under penalty of perjury stating that, at the time of delivery of the deed, release or mortgage, the affiant had no spouse then entitled to claim the benefit of an existing estate of homestead, shall be conclusive proof of the nonexistence of such benefit at that time. The affidavit may be recorded in connection with the execution and delivery of a deed, release or mortgage and shall be accepted in the appropriate registry of deeds and registry district of the land court. The subsequent residency or renewal of residency in the home by a spouse of the grantor, releaser or mortgagor shall not defeat the priority of a mortgage, release or conveyance accepted in reliance on such affidavit.

As I understand it, simply by living in the home, a non-titled spouse, possesses a homestead estate in the property that cannot be defeated by the title-holding spouse.  Let me illustrate: Husband holds title in his own name with wife using the property as her personal residence.  Simply by reason of (1) her status as spouse and (2) her occupancy of the home, she automatically has an estate of homestead in the property under the automatic homestead provisions of the 2011 law.  This means that should the husband convey the property to a third party, that conveyance does not defeat the wife's homestead rights.  In fact, her right to occupy and use the home would be superior to that of the new owner.

To protect against this, deeds to property owned by just one spouse should also be signed by the non-titled spouse in order to release those homestead rights.  But how does anyone know whether a sole owner of property has a non-titled spouse?  That's the purpose of this affidavit.  Here's an example of one that involved not a spouse-seller, but an executor of an estate/seller:

I, Mary Jones, execturix of the estate of Jane Doe, do under oath depose and say that at the time of the Decedent's death, she had no spouse entitled to claim the benefit of the existing estate of homestead in and to the property located at 360 Gorham Street, Lowell.  Executed under the penalties of perjury this 7th day of January 2012.

The above cited-statute certainly allows for this kind of affidavit and makes it legally effective.  One problem, however, is the added cost for the $75 recording fee.  It's too bad that the revised homestead law, intended to help consumers, now imposes on some an additional charge of $75 to sell their homes.  It would be better if the legislature, the legal community, and the registers of deeds all agreed to have this additional affidavit embedded in the deed itself and to not charge an additional fee for it.  That would deal with the title issue while not imposing an additional cost on home sellers.
 

Protesting SOPA and PIPA

Today's the day that many major sites on the internet go dark in protest of two pending bills in Congress: The House's "Stop Online Piracy Act" (SOPA) and the Senate's "Protect Intellectual Property Act" (PIPA).  This article in the Washington Post briefly lays out the dispute.  According to the Post, this struggle pits Hollywood and the recording industry, both of which seek to curb online piracy of copyrighted works, against the largest technology companies such as Wikipedia, Google and Twitter which assert the proposed bills will stifle innovation on the internet. 

We don't plan to have www.lowelldeeds.com or www.masslandrecords.com go black today, at least not in protest, but these bills do bear close watching.  The internet has become a vital part of so much of our lives these days, that it would be a shame to regress just to protect the financial interests of those who failed to keep up with rapidly changing technology.

Advanced Recycling in Lowell

Several years ago the city of Lowell changed its trash pickup procedures.  Formerly, almost whatever you put out at the curb in whatever quantity was picked up, no questions asked.  The new system restricts residences to a single large city-issue barrel (officially called you "cart" because of its wheels) but there's an unlimited amount of recycling of paper, plastics, cans and bottles.  But we often have other stuff that needs to be disposed of but is precluded from inclusion in the cart because of its nature (i.e., electronic devices).  Up until now, city residents could call a special number and arrange a curbside pickup providing a credit card number was first given to pay the nominal-to-moderate pick-up fee.

Now, a new outfit called Northeast Material Handling Inc has opened at 38 Prince Avenue (the old Prince Spaghetti plant near the intersection of Gorham and Moore Streets) that accepts drop offs on the second Saturday of each month between the hours of 8 am and noon.  They charge nominal fees for most items.  For example:

•  Appliances - $7 each -  stoves, refrigerators, microwaves, etc
• Televisions - $.35 per lb
• Electronics - $3 - PCs, laptops, radios, speakers, copiers
• Plastic & Metal - $8 - swing sets, patio furniture, lawn mowers, snow blowers
• Misc items - $3 - phones, coffee makers, batteries, dehumidifiers, light fixtures, etc
• Books, paper and cardboard - all free

If you're like me and your garage and basement have piles of no-longer-used stuff that you have difficulty getting rid of, this might be for you.  And it's my understanding that the service is not limited to Lowell residents.

Mid-January recording statistics

It's only January 13, but since the 15th falls on a Sunday, the documents recorded right now are all that we'll have for the first half of the month.  Comparing the first 15 days of January 2012 with the first 15 days of January 2011 unfortunately doesn't present much cause for optimism.  (From here on in this post, when I write "2012" or "2011" I'm referring to the first 15 days of January in each of those years).

The number of deeds recorded dropped 19%, from 169 in 2011 to 137 in 2012;
The number of mortgages recorded dropped 27%, from 609 in 2011 to 446 in 2012;
The number of orders of notice dropped 21%, from 14 in 2011 to 11 in 2012; and
The number of foreclosure deeds rose 80%, from 10 in 2011 to 18 in 2012.

The distribution of those foreclosure deeds is as follows: 9 in Lowell, 3 each in Billerica and Chelmsford, 2 in Westford and 1 in Dracut.  As much as these stats trend negatively, it's just a small sampling so I'd be hesitant to draw any inferences.  Still, this is something that we'll watch closely as the month draws to a close.

Coakley & O'Brien respond to WSJ editorial

Last week the Wall Street Journal published an editorial (portion only available on WSJ website) deeply critical of Massachusetts Attorney General Martha Coakley's lawsuit against some major national lenders for alleged improprieties arising out the housing crisis and its aftermath.  My blog post about that editorial can be found here. 

Recently the Journal published letters to the editor in response from Attorney General Coakley and from Essex South Register of Deeds John O'Brien.  Coakley wrote, in part, 

. . . If the banks wanted to resolve this crisis in a timely manner, they had 14 months to do so. Instead, they dragged out negotiations and attempted to obtain broad liability releases for seemingly every imaginable illegal conduct. Last month we declared "enough was enough" and filed a lawsuit seeking the one thing the banks have resisted at every stage—real accountability for their actions and real relief for homeowners. . . .

While O'Brien added

. . . The real pain for homeowners is the havoc that these lenders have wreaked on the chains of title and property rights . . . I have been fighting for the "little guy" and I am very happy that the Massachusetts's AG has chosen to do the same.

Both letters are available in full on the Journal's webpage.  Please check them out.

UMass Lowell puts Cultural Resources Inventory online

If you're interested in the history of Greater Lowell, you will be delighted to learn that the University of Massachusetts Lowell has just made the multi-volumed "Cultural Resources Inventory" and "The Lowell Neighborhoods: An Historical and Architectural Overview" freely available online.  These documents are part of the larger Paul Tsongas Congressional Collection that is held by the UML Library. 

I was fortunate to have found a copy of the Cultural Resources Inventory here at the registry of deeds when I arrived back in 1995.  It's been of great utility when assisting customers in researching some of the most historically significant properties in Lowell.  Now all of that material is available online.  For example, here is the article about St Peter's Church which was located across the street from the courthouse but was torn down 15 years ago. 

All of these records can be accessed via this link:  http://digitalscholarship.uml.edu/surveys/   

Please check it out.

Electronic Recording in 2011

We commenced electronic recording of documents at Middlesex North back in 2005 and the number of documents submitted that way has increased continuously each year since.  Here's a glimpse at the growth of electronic recording, showing the number of documents recorded electronically each year since 2005 and the percentage of overall recordings represented by electronically filed documents:

• 2005 - 1057 efiles - 1% of all documents
• 2006 - 1871 efiles - 3% of all documents
• 2007 - 3491 efiles - 5% of all documents
• 2008 - 3956 efiles - 7% of all documents
• 2009 - 8168 efiles - 12% of all documents
• 2010 - 9013 efiles - 14% of all documents
• 2011 - 14736 efiles - 25% of all documents

Here's the breakdown by document type of our 2011 electronic recordings:

• Discharges - 5889 total - average of 24 per day
• Deeds - 819 total - average of 3 per day
• Mortgages - 3871 total - average of 16 per day
• Other - 4117 total - average of 17 per day
• Total efiles - 14,736 - average 60 efiles per day
• Total documents - 59,173 - average of 241 total documents per day

New Probate Law Delayed

The new Massachusetts Uniform Probate Code, which was scheduled to take effect on January 2, 2012, had its effective date pushed back 90 days by a bill that was signed by Governor Patrick on December 30, 2011.  The new effective date is March 31, 2012 according to this directive from the Probate and Family Court.

The amended law - whenever it may take effect - should have a significant impact on registries of deeds and land records.  Now, when a beneficiary of a will or an estate takes real estate directly from the decedent, the executor or administrator will create a Deed of Distribution that will be recorded at the Registry of Deeds.  Previously, the only evidence of such a transference of title of real estate could be found in the probate records themselves.  Nowhere at the deeds registry would there be an indication of a change of ownership. 

Once this new law is in effect and those who practice in this area work out its details through their everyday experience, we will probably find that this new law is a positive development.

Wall Street Journal on Mass AG Lawsuit

I don't subscribe to the Wall Street Journal in either paper or electronic form, but early this past Tuesday, my home delivery person inadvertently (I think) dropped a copy of that day's WSJ along with the Globe.  Flipping through the pages, I was surprised to come upon an editorial on the lawsuit recently filed by Massachusetts Attorney General Martha Coakley against a number of national banks for alleged improprieties arising out of the housing crash and its aftermath.  Not surprisingly, the piece takes a dim view of the suit (although you can only see the first couple of paragraphs if you're not a logged-in subscriber).  The paper cites Coakley's 2010 Senate loss and suggests this effort is merely an attempt to capitalize on anti-bank sentiment for public relations purposes.  The editorial focuses primarily on the MERS and robo-signer issues and says the former has already been validated by courts around the country and the latter is being corrected internally by these lenders.

I've previously gone on record stating I find nothing wrong with the organization and concept of MERS (although it, like every other lender, should not be permitted to cut corners without being penalized) and the issue of robo-signers, while improper, is a lot more complex than many want to believe given the reach of agency law.  Where the Journal completely misses the mark is the whole untimely assignment issue which flows from last January's SJC decision in Ibanez.  That case, in reiterating the law of Massachusetts for more than 300 years, made it clear that before a foreclosure could be commenced, the foreclosing party had to own the mortgage, otherwise the foreclosure would be void.  Because that seemingly self-evident proposition had been eroded away not by legislative or judicial acts but by persistently sloppy practices by national lenders, what should have been a footnote came as an devastating blow to the vitality of any quick recovery of our housing sector.  Notwithstanding the Wall Street Journal's belittling of the issues raised in the AG's lawsuit, the fact remains that many of those who have purchased previously foreclosed properties no longer own those homes right now and the process of rectifying that will be long and expensive.  We have to start fixing this problems somewhere and it seems that a lawsuit is an appropriate place to begin.

David Pogue's List of Techie "Stuff"

Every December New York Times' Columnist David Pogue lists his favorite technology devices for the year. I like techie "stuff" and my birthday is not that far off (only seven months, fourteen days, seven hours). Below I've described a fewof the things on Pogue's list, any of which would be a nice gift for someone like me.


Stay N' Store: This is a small 16 gig flash drive that costs only $25.00. The important word here is small. Stay N' Store is so small it is designed to remain plugged into your computer ALL the time. I could use it to expand my current computer's memory (of course, I wouldn't need Stay N' Store if I got a new computer for my birthday).

SoundRacer: I drive a Jeep Wrangler and I love it, but it is not very stylish. For just $32 SoundRacer could solved this problem for me. You see if I had SoundRacer all I would have to do is plug it into the Jeep's DC outlet and I've got an instant Ferrari, almost. Once connected SoundRacer simulates the sounds of acceleration, shifting and braking of a souped up sports car.

iCookbook: A mere $5...You should've seen the face of my iPad after all my holiday cooking...covered with smudges of butter, morsels of dough, sticky sticky sticky, all from swiping through pages of my favorite recipes. I love my iPad too much to treat it like a napkin. iCookbook would allow me to turn pages using volume commands so I can keep my pasty fat fingers off the screen. BTW, I've decided this thing is so cheap, that even if I don't get it for a birthday present in seven months, fourteen days and seven hours, I'm going to kick out the five bucks myself and get it anyway.

Turbomount: And speaking of tablet computers...I love mine, but I hate that I have to hold it with one hand and control it with the other. No, I'm not asking for more hands for a gift...rather for about $100 Turbomount system solves the problem, providing two adjustable arms that'll hold my tablet for me.

And here is my absolute favorite...

Audio Bulbs: $300, yes a little pricey, but...Audio Bulbs are wild! Can you imagine a light blub that's a speaker too? A wireless transmitter sends sound from an iPod, iPad, or CD player to, don't laugh, a light bulb. No, I'm not kidding...If I had an audio blub, I'd replace my living room "100 watter" with one and read my latest book (Fear and Loathing on the Campaign Trail '72) while listening to Warren Zevon belt out Werewolves of London...from the lamp shade. I just gotta have one of these.

Winter arrives

This morning's temperature of 8 degrees before calculating wind chill reminded us all that notwithstanding the unseasonably warm weather we've been enjoying, it is winter.  In reviewing last year's blog posts recently, I noted how many days our operations were curtailed last January and February by heavy snow.  With that in mind, I thought I'd review our normal practice in the event of a snowstorm.

Since we are located within a courthouse, access is controlled by Trial Court security.  If the Trial Court decides the building should close early or not open in the morning, then we mirror that closing since we would be unable to let members of the public into the building.  There is not one set place to obtain that type of information.  It's best to check with the media and, as soon as I get the news, I post it here, so this blog is a good resource.

Short of the building being closed, we try to stay open during our normal business hours but sometimes employee safety dictates closing early.  Often we send the bulk of the staff home early and keep a few volunteers on hand for a bit longer.  A couple of years we did that, however, and the snow got so deep by the time we left that the only way any of us got out of the parking lot was by flagging down a passing snowplow and slipping the driver $20 for him to clear a path to our cars.  After that experience, I became a little quicker on making the decision to close.

Hopefully this will all be a theoretical discussion and any snow we receive will be more nuisance than major impediment.  After all, snow has already accounted for (indirectly, at least) two days of closure in the aftermath of the Halloween storm.  But just in case, remember to check the blog when it snows.

2011 Recording Statistics

With 2011 now at an end, we can look at recording statistics for the year and compare them to the numbers from 2010.

The total number of documents recorded in 2011 was down 6% from the number in 2010, sliding from 63,122 in 2010 to 59,563 in 2011;

The number of deeds recorded was down 4%, going from 5390 in 2010 to 5158 in 2011;

The number of mortgages was down 14%, going from 13,675 in 2010 to 11,818 in 2011;

The number of orders of notice was down 37%, dropping from 1143 in 2010 to 720 in 2011;

The number of foreclosure deeds was down 27%, dropping from 1143 to 720.

The 59,563 documents recorded in 2011 was the lowest annual total since 2008 when only 56,011 were recorded.  The previous low occurred in 1991 with 52,019.  The peak of recording came in 2003 when we handled 146,956 documents.

December recording stats

A special Saturday edition bringing you the December recording stats:

The number of deeds recorded in December 2011 dropped 1% compared to December 2010, from 497 to 494

The number of mortgages recorded in Dec 2011 dropped 17% compared to Dec 2010, from 1623 to 1343

The number of foreclosure deeds recorded in Dec 2011 rose 200% compared to Dec 2010, climbing from 13 to 39

The number of orders of notice recorded in Dec 2011 dropped 2% compared to Dec 2010, from 44 to 43

The total number of documents recorded in Dec 2011 dropped 7% compared to Dec 2010, from 6386 to 5946

Top Ten Registry Events of 2011

Here are my choices of the Top Ten Registry of Deeds events of 2011:

1. After years of discussion, study and testing, the "new" version of MassLandRecords.com becomes the default search application for registry of deeds records on the internet.
2. In two far-reaching decisions on mortgage foreclosures, Ibanez v. US Bank in January and Bevilacqua v Rodriguez in October, the Massachusetts Supreme Judicial Court held that a foreclosure commenced prior to the the entity conducting the foreclosure being assigned the mortgage is void, even as against a subsequent purchaser of the property.
3. Adverse weather repeatedly had a negative impact on registry operations.  Snow forced the closure or curtailment of operations on six days in January and February; Hurricane Irene interrupted electricity and partially flooded the basement in August; and the Halloween snowstorm knocked out power and closed the office for two days in early November.
4. The new MassLandRecords put all grantor and grantee indexes from 1629 to the present on the registry website.
5. A major revision to Massachusetts Homestead Law went into effect on March 16.
6. Attorney General Martha Coakley sued five national lenders for, among other things, failing to modify mortgages in good faith, failing to record required assignments of mortgages and foreclosing on properties when not legally entitled to do so.
7. Essex South Register of Deeds John O'Brien gained national attention with his efforts against MERS and robo-signers.
8. The new elevator in the Superior Court was completed and went into operation.
9. The Lowell-based movie "The Fighter" which had scenes filmed in the Superior Courthouse, won Academy Awards and Golden Globes for Best Supporting Actor (Christian Bale) and actress (Melissa Leo).
10. The Boston Bruins won the Stanley Cup.

Happy New Year.  See you in 2012.

File Print Server

On four separate occasions over the past six weeks we've had a problem with our networked printers, simply put...the printers stop working. I want to emphasize this problem has caused no inconvenience for the public. Why? mainly because the fix is quick and easy. When the problem occurs we immediately call the Secretary of State's IT Department and either they or we boot the "file/print server". But the simplicity of the fix does not make the problem any less serious.

The first time we experienced the problem the SEC IT Department speculated that the memory in "print server" was full (booting empties the cache). Even though the problem has reoccurred three addition times since this hypothesis, memory over-load may still actually be the problem...but why? Why is the memory filling?, determining this is complex.

This morning our printers shut down again...This time a diagnosis of the server revealed a possible IP address conflict. Our MIS Director immediately resolved that issue.

I want to reiterate, this problem has not caused any interruption in our operation or inconvenience for users. I'll continue to keep you current on the issue.

Top Ten events of past years

Every December I publish a list of the Top Ten events at the Middlesex North Registry of Deeds for that year.  The 2011 list will be done this Friday, December 30.  In the meantime, I've listed below the Number One item from Top Ten lists of years past, with links to each year's full list:

2010: Electronic recording continues to become a major point of entry into the registry for new documents. From January to June, electronic recordings constituted 15% of our average daily recordings; from July to December, electronic recordings accounted for 23% of our daily recordings.

2009:  The state’s financial crisis caused mid-year cuts and a reduced budget for FY10, curbing our ability to implement new technology and registry-related applications.

2008: The Paperless Registry – On April 1, 2008, we closed off the Lower Record Hall to public access and thereby made all record books and indexes available only on our computer system.

2007: On August 20, 2007, we fully implemented our “scan and return” operation. From that day forward, all recorded documents were scanned at the time of recording and immediately returned to the customer.

2006: To reduce the risk of identity theft, registry employees redacted thousands of social security numbers from previously recorded documents.

2005: Electronic Recording became a daily event during 2005 with nearly 1,000 documents recorded in this manner. There are many details that must still be resolved, but the technology has proven to be useful and reliable.

Biometric Password

The newest new thing coming to computers and smart phones is biometric passwords.

What is biometrics?
"Biometrics is the science of measuring physical properties of living beings (bromba.com)".

What is biometric recognition?
"By measuring an individual's suitable behavioral and biological characteristics in a recognition inquiry and comparing these data with the biometric reference data which had been stored during a learning procedure, the identity of a specific user is determined." (bromba.com

What is a biometric Password?
"Authentication may take advantage of biometrics by using a biometric characteristic as identifier or as verifier. When using biometrics as an identifier, uniqueness (very low FAR) is an essential requirement especially for large user numbers. When using biometrics as a verifier, the biometric characteristic may be either viewed as a secret or as public. In the latter case, it is essential that a fake detection is provided against mechanical copies of the biometric characteristic." (bromba.com)

OK,OK enough of this high-falutin, scientific language...here is a video from the New York Times describing biometric passwords.

Registry Holiday Schedule

With Christmas only two days away, I thought now might be a good time to look at our short term holiday schedule and how all legal holidays play out on the 2012 calendar.  By state law, when a holiday falls on a Sunday, as Christmas and New Years do this year, the "legal holiday" is observed on Monday.  That means the registry of deeds and all other government buildings will be closed on Monday, December 26, 2011 and on Tuesday, January 2, 2012.  (When the holiday falls on a Saturday, it is observed on Saturday only as was the case last year for Christmas and New Years).

Besides New Years, the days we will be closed in 2012 for holidays are as follows:

• January 16 - Monday - Martin Luther King Day
• February 20 - Monday - Presidents' Day
• April 16 - Monday - Patriots' Day
• May 28 - Monday - Memorial Day
• July 4 - Wednesday - Independence Day
• September 3 - Monday - Labor Day
• October 8 - Monday - Columbus Day
• November 12 - Monday - Veterans' Day (celebrated on Sunday, Nov 11)
• November 22 - Thursday - Thanksgiving
• December 25 - Tuesday - Christmas

Please note that because 2012 is a leap year, Christmas and New Years both jump two days in the week, so while they fall on Sundays this year and would normally fall on Mondays next year, they actually are on Tuesdays.

These are the only days on which the registry is scheduled to be closed.  The registry may close in the event of weather emergencies such as major snowstorms.  There is no hard and fast rule as to when that might happen, but it is decided on a case by case basis.  The best way to find out the registry's status is to consult with this blog.

Holiday Traditions

Did you ever wonder why certain traditions and customs became associated with Christmas? I did. Below I have listed a few traditions and their origins:

Stockings: According to legend the tradition of putting presents in stocking began in the 12th Century by French nuns. The nuns would go around to the homes of poor people and leave old stockings filled with fruits and nuts.






Gifting Giving: In Roman times gifts were given on New Years Day. Interestedly, today Italians still do not exchange gifts on December 25...rather Italians exchange gifts on January 6, the day the Wise Men arrived in Jerusalem.






Christmas Trees: The tradition of the Christmas Tree began in Germany in the 1500's. One source actually states that Martin Luther was the first person to decorate a fir tree as part of the holiday.











Christmas Cards: Sir Henry Cole, a government worker in England in the 1840's was looking for a way to make more people use the postal service. Cole and his friend, John Horsley designed the first Christmas Cards and sold them for 1 shilling each.




Candy Canes: Again a tradition that originated in Germany...legend has it that a choirmaster passed out sugar-sticks made in the shape of a Shepard's "cane" to children during the concerts to keep them quiet.






Mistletoe: The custom of kissing under Mistletoe began in Norway. In Norway a piece of mistletoe hanging in a house is a sign of love and friendship. This tradition evolved into the kissing custom.







Boxing Day: Boxing Day is celebrated in Australia, Canada, New Zealand and the United Kingdom. It started almost 1000 years ago. Today Boxing Day is a big shopping day in these countries, but originally it was the day the churches opened their collection "boxes" and distributed the contents to the poor.





Santa Claus (modern day): The image of Santa as we knew him...a rotund, jolly man in a red suit with a white beard comes from a Coca-Cola advertising campaign in the 1930's.

Five Excellent Techie Info Sites (and a Bonus)

I enjoy reading about technology...and fortunately, there are a number of terrific sources of information for the technology oriented. Below I have listed five of my "many" favorites:





AllThingsDigital: Is owned by the Wall Street Journal. This is a powerhouse of information. When you visit you'll find news, opinion and commentary on, well "all things digital".

CNet: One of my absolute favorite information websites. CNet focuses much attention on digital consumer items (that's why I like it so much). In addition to the website CNet publishes a blog and podcasts.

Gizmodo: According to Technorati, Gizmodo is in the top five visited websites in the world. It offering information about cool electronic gadgets... and uncool ones too.

PCWorld: Maybe the most commonly known techie website providing product reviews, pricing information and just plain interesting article about digital stuff.

Techcrunch: This is one high powered and popular technology websites out there. Techcrunch ventures into a beyond range of digital and Internet topics should as social networking.

Bonus Site...Bonus Site...Bonus Site...Bonus Site...Bonus Site...Bonus

OK... I said I was only going to list my five favorite sites, but I must mention one more. It IS my favorite source of technology information...

Wired: To begin, Wired has has an incredible iPad App...the site is colorful, informative and innovative. Wired uniquely blends technology issues with societal and cultural issues, making for some interesting reading.

SEC sues 6 former Fannie and Freddie executives

Last week the Securities and Exchange Commission announced that it had filed civil lawsuits against six former executives of mortgage giants Fannie Mae and Freddie Mac.  The allegations, according to this story are mostly that the executives greatly understated the level of risk involved in the mortgages being sold to investors.  For instance, one of the defendants once gave a major speech asserting that Fannie Mae had "virtually no" subprime mortgages.  The problem was that Fannie was using its own definition of subprime not the one the rest of us understood.  To Fannie, "subprime" was a function of the lender, not the borrower.  Any loan made by a Wall Street firm, for instance, was deemed a "prime" loan, no matter what the credit score of the borrower.

The only thing I find shocking about this is the fact that the SEC has taken some action at this point, more than three years after the financial collapse.  You would have thought that an event that nearly destroyed the western world's financial system would have had some culpable folks, but to date, hardly any have been held accountable.  Perhaps this suit signals a change in that, but I doubt it.

Mid-month recording stats

With December half over, I thought a quick look at recording statistics to date would be worthwhile, so I've compared recordings during December 1 to 15 in both 2010 and in 2011.  Interestingly, the number of deeds and orders of notice recorded were nearly identical during the two periods.  For those two weeks in 2010, there were 231 deeds recorded; for the same time in 2011, there were 233.  In those two weeks in 2010, there were 28 orders of notice; the exact same number were recorded in 2011.  It was a different story with the other two document types we follow.  Mortgages were down considerably, falling from 856 in the first half of December 2010 to 630 for the same days in 2011, a drop of 26%.  And foreclosure deeds were way up, jumping from 7 in 2010 to 24 in 2011.  To put that number in perspective, if we projected it over the entire month, it would give us 48 foreclosure deeds, a number that would exceed the total for any other month in 2011.  In 2010, however, eight different months had more than 48 foreclosure deeds recorded.

Be sure to check back at the beginning of January when we'll have stats for the entire month of December and for all of 2011.

Their Last Words

Yesterday morning while watching WCVB's News at 5:00AM a "tease" before the break caught my attention. In a well articulated tone the anchor said something like... "What did they say? Last words of famous people"... bam, a commercial. Unfortunately, time retrains prevented me from seeing the "Last Words" TV segment, so I looked it up this morning on the stations website, thebostonchannel.com. The website article mentioned a number of famous people and their last words. I choose ten and listed them below.


Composer Ludwig Von Beethoven: Applaud, my friends, the comedy is finished.

Circus P.T. Barnum: How were the receipts today at Madison Square Garden?

Actor Humphrey Bogart: I should never have switched from Scotch to Martinis.

Playwright George Bernarad Shaw: Dying is easy, comedy is hard.

Beatle George Harrison: Love one another.

Senator Robert F Kennedy: Is everyone else all right?

Author Oscar Wilde: My wallpaper and I are fighting a duel to the death. One or the other of us has to go.

General George Patton: This is a hell of a way to die.

Apple CEO Steve Jobs: Oh wow. Oh wow. Oh wow.

Mexican Revolutionary Pancho Villa: Don't let it end like this. Tell them I said something.

The registry of deeds and the US mail

Last week a wave of stories broke about plans to curtail mail service in the United States.  This article from the December 5, 2011 New York Times, for example, mentions lengthening the time of delivery of first class mail.  Now, a majority of pieces in that postage category are delivered the next day.  Under the new plan, which involves among other things, closing many regional mail processing centers (including the one in Lowell), the quickest that first class mail would be delivered would be two days after mailing, even if it's only going across the street.  This is just a proposal, but it seems clear that big changes will be coming to our national mail service.

The problems of the USPS got me thinking about the relationship between the registry of deeds and the mail.  Approximately one-quarter of our daily intake of documents comes to the registry by mail or other delivery service (as opposed to in-person or electronic recordings). 

Here are some of our observations about "the mail."  By far the biggest volume arrives on Monday (or a Tuesday if there's a three day weekend).  Tuesdays and Fridays tie for the next busiest mail day, while the volume on Wednesdays and Thursdays tail off considerably.  Most of the mail that arrives on Mondays was sent by a bank or other institutional entity while mail received on the other days comes primarily form law offices.

When we use the term "mail", it refers to all documents delivered to us, be it by the US Postal Service, UPS or Fedex.  The latter two are used almost exclusively by banks and institutions and rarely by law offices.  As a percentage of our daily "mail", deliveries from UPS and Fedex are definitely increasing.  These days, the document types most frequently received by mail are foreclosure related.  There will be a spurt of orders of notice followed a few months later by an increase in foreclosure deeds.  Since the Ibanez case, the number of foreclosure-related assignments received by mail has definitely increased.

The single biggest reason we reject mail is that the document presented for recording lacks a reference to a related document.  It is essential that such a reference be present so that we can ascertain whether the document belongs in Recorded Land or Registered Land.  Other reasons for rejection, in descending order of frequency, are documents sent to us are for another registry; there's a missing signature (either grantor, notary or on the check), and finally, the check accompanying check for recording fees may be stale or in the wrong amount.

Finally, the way to ensure that your mailed-in document gets recorded promptly is to include a self-addressed stamped envelope with it.  Those get processed very quickly.  Because they need additional handling, submissions that lack the required SASE are put aside so as not to delay those customers who follow the rules.  We eventually record the mailed in docs that lack a SASE, but only after everything else has been recorded. 

eBooks for Free

As I get older, I get cheaper. Let me explain...

Last August my family gave me a Nook eReader for my sixtieth birthday (I'm the cheap one, not my family).
I love it.
But since then I've been buying an eBook every couple of weeks or so, that's a problem for a cheap guy like me.
I just finished reading a "small" book by humorist Dave Barry titled Dave Barry Turns 50. Now, if you've ever read Dave Barry you know, although very entertaining, his material is not very scholarly...in other words you can blast through one of his books in no time.
I paid $9.99 for Dave Barry Turns 50. Ten bucks for a quick read like that?! No way...but, as I mentioned I love my Nook.
What can I do?
The other day I met a friend and shared conversation and enjoyed a coffee with him (he had his own coffee and I had mine own, I'm not that cheap).

Me: You know, I love my Nook by I don't want to pay 10 bucks for an eBook every week.
Him: This coffee is good...Did you say something?
Me: I said since I turned sixty I'm too cheap to buy eBooks.
Him: Do you want a piece of Danish?
Me: I'd love a Danish but I'm not paying 2 bucks for one. Did I tell you I paid 10 bucks for Dave Barry Turns 50 ?
Him: I thought you turned sixty not fifty?
Me: I said "Dave Barry" turned fifty, not me. Maybe when Barry does turn sixty he'll get cheap like me and reduce the price of his eBooks. I'm hungry. I wonder what they're charging for a muffin?
Him: Get'em at the library?
Me: Why, are they selling muffins cheap at the library?
Him: Not the muffins, the eBooks.
Me: What?
Him: You can get your eBooks at the library for free right here in Lowell and most other surrounding communities.
Me: Really...are you saying I can download eBooks to my Nook (or Kindle) right from the library for free? Is it difficult to do?
Him: This Danish is fabulous...I think this is homemade jelly on it.
Me: Forget that...Do I need a special computer or buy software to borrow eBooks from the library.
Him: No, ...just go on to your local library's website, download the necessary free software they provide and you are ready to get a free eBook.
Me: Wow, maybe we should head to the Pollard Library.
Him: You don't have to go the library... you can download eBooks right from your home computer.
Me: I was talking about the cheap muffins you said they had.
Him: No cheap muffins...but free eBooks

Returning from the disabled list

I've been absent from the blog and from work for a while.  Back before Thanksgiving I suffered a detached retina which required immediate surgery.  The procedure went well and the vision in that eye should gradually return to normal over the next few weeks.  The biggest challenge was the post-care which required me to lie face-down for 17 consecutive days to allow everything to heal properly.  It took a few days to adjust to that awkward positioning, but after that the challenge was more mental than physical.  In that, modern technology came to my rescue.  Between an iPad and a laptop, both positioned on the floor, I was able to watch TV (I saw a lot of football and hockey), surf the web, and enjoy all kinds of movies streamed via Netflix.  All that made time pass quickly enough. 

Today is my first day back at the registry.  Ironically, at the same time that I was out injured, my office computer died (a sympathetic reaction?) so this morning was spent putting its replacement into operation, catching up on emails and doing the end of month reports I usually have finished a few days into the new month (my apologies to anyone inconvenienced by that delay).  In the courthouse lobby this morning, a landlord I know who was waiting for Housing Court to open asked about recent trends in foreclosures.  I confessed to losing track of that and other statistics, so I do have a bit of catching up in that regard to do over the next few days.  In conclusion, thanks to Tony Accardi and Dick Regan and all the other registry employees for allowing me to convalesce without worrying about the office and for making the transition back to work such an easy endeavor.

The Seeing-Eye Mouse

Often I get caught up in the everyday, simple uses of a computer...sending an email, looking for a good restaurant, receiving news updates etc. But today a fellow employee told me about a fabulous technology that demonstrates perfectly how computers can improve lives.

Watch...I'll bet you are as amazed as I was.

Ice Cream Sandwich

I read Google's Technology News every morning...hey, I've admitted it before, I'm a true, blue, techie geek and proud of it.

But this morning when I logged into google's technology section I was confused, geek or no geek.

Why? I saw this headline: "Hacker Installs Ice Cream Sandwich on Kindle Fire"
What, the heck does that mean? I thought. I was baffled, yes still a geek, but a baffled one.

So I did what every true, blue, baffled, techie geek would do...I googled Ice Cream Sandwich.

Of course, the first hit I saw explained that an Ice Cream Sandwich was a vanilla flavored ice cream bar with a chocolate "cookie" on the top and bottom (we geeks loved them when we were kids).

But the next entry explained that Ice Cream Sandwich was a version of Andriod, google's popular mobile operating system.

What!? When!? Why!? How!? I thought I was a real geek! I've never heard of this before...So I did what every baffled, true, blue techie geek would do...I looked it up in wikipedia.

Here is what I found...like every operating system, Andriod releases improvements and fixes bugs. This is done by releasing updated versions.

As a true, blue, techie geek, I find Google uniquely clever. Case in point...At some point, for some reason Google decided to name each new version of Andriod after a dessert... and to name them in alphabetical order.

Up to this point, there have been seven versions of Andriod...Cupcake, Donut, Eclair, Froyo, Gingerbread, Honeycomb and yes...Ice Cream Sandwich.

So being a true, blue techie geek I'm already wondering...What will Google name the next Andriod version. It must begin with a "J", so will it be... Jam, Jello, Jelly, Jellybean, Junior Mint, Jalousie... etc?

Pearl Harbor, 70th Anniversary

Seventy years ago today the Japanese Imperial Navy bombed the US Pacific Fleet at Pearl Harbor. The surprise attack left almost 2,400 dead, 1,178 wounded, sank a dozen U.S. warships and destroyed 323 aircraft.

Five years ago on the 65th anniversary of Pearl Harbor I watched a PBS program about the attack. The show was enhanced with numerous interviews of survivors telling what they saw and experienced on that infamous day. I found their stories the most amazing chronicles of heroism I ever heard in my life.

On a personal note...Every Pearl Harbor Day I think of my father. He passed away a number of years ago at the year of 70. My father was born in 1920 and was 21 years old when Pearl Harbor was attacked. He,like so many others, joined the Navy just days after the attack. He saw heavy action in the North Atlantic aboard the USS Campbell, a Corvette warship. Corvettes were used to protect convoys as they brought supplies to troops in Europe. These fast destroyer-like ships would zigzag in front of the convoy seeking and destroying German U boats in their path. On one occasion torpedo stuck his ship damaging its engines and rudder. The ship was unable to move or maneuver. For twenty four hours the USS Campbell and its men sat like sitting ducks, motionless...but armed and ready to fight, every man fixed at his gun. In the early hours of the morning, a day later, the Campbell was finally rescued and towed to Reykjavik, Iceland where it was repaired and sent back out to continue its duties.

Days like today remind us of the special sacrifices made by Americans of that great, generation.

Below is a video from the official Pearl Harbor site titled "A Day at Pearl Harbor".

Windows 8... Coming in January

My computer at home is running Microsoft Vista...it is a cumbersome Operating System that boots up very slowly. But, once its cranking it works fine.

I've my laptop computer for about three years now and I'll admit I've gotten used to Vista...but I've been tempted by the allure of Windows 7. I even thought I might upgrade it if I saw a good deal during this Christmas season.

I'm glad I didn't see a good Christmas deal.

Why? Well, I just read this morning that Microsoft is releasing Windows 8 in early January. And its sounds radically improved from Windows 7.

The most outstanding new feature in Windows 8 is the touch screen feature..yes, the mouse and keyboard will still be there...but you don't need to use them if you don't want to.

And on a more technical level Windows 8 will be compatible with ARM processors. ARM's are highly versatile microprocessors that use low power...this means they are perfect for use in mobile devices and tablet computers...so ARM's put the Windows 8 Operating System in the cell phone/tablet arena.

Unfortunately, Microsoft has developed a reputation for not delivering products timely...we'll see with Windows 8.

Famous IQ Scores

Yesterday I started reading Outliers by Malcolm Gladwell. The book deals with extraordinary people and the unique opportunities that paved their path to success. One person mentioned in the book is Chris Langan. Langan is famous because his IQ is 195. To put this in perspective the average IQ score is 100 and a score of 140 or above is considered "genius". Langan's incredibly high IQ made me curious. I wondered what some other famous people's IQ's might be... so this morning I did some investigating and found the IQ scores of these well known people:

Albert Einstein (Scientist): IQ Score 160







Arnold Schwarzennegger (Actor/Politician/ Bodybuilder): IQ Score 135








Bill Gates (Microsoft Owner): IQ Score 160








Hillary Clinton (Secretary of State): IQ Score 140








James Woods (Actor): IQ Score 180







Stephen Hawking (Physicist): IQ Score 160







Steve Martin (Comedian/Actor): IQ Score 142








Reggie Jackson (Baseball Player): IQ Score 160






Bobby Fisher (Chess Champion): IQ Score 187









Madonna (Singer/Dancer/Actress): IQ Score 140

"Huckleberry Finn", the Great American Novel

Yesterday was Samuel Langhorne Clemens' birthday...better known as Mark Twain. In celebration, google's doodle depicted a scene from Twain's most famous novel The Adventures of Tom Sawyer.

I read Tom Sawyer many years ago.It's OK...but my favorite Twain novel is The Adventures of Huckleberry Finn...I am not alone in this assessment. Many literary critics even consider Huckleberry Finn the great American Novel.

Twain published Huckleberry Finn in 1884. It was a socially significant work, unlike Tom Sawyer. The Adventures of Huckleberry Finn is filled with philosophical and practical messages. Perhaps the two most significant are the concepts of human understanding and individualism.

I didn't read Huckleberry Finn until I was in my early twenty's. It had a powerful effect on me...you know when you read something or someone says something that hits you like a lightning bolt? That's what The Adventures of Huckleberry Finn did to me.

My favorite passage from the novel is below, but first some background...

Huckleberry Finn and a slave named Jim ran off together (I'm simplifying). During their time together Huck and Jim became close friends, Jim even saved Huck's life...but social and religious beliefs in the 1840's demanded that Huck return the slave to his owner, Miss Watson. Huck was taught it was a matter of right and wrong...a matter of being moral or immoral.

The juxtaposition of what society and religion tell Huck he should do, and what he feels in his heart, creates an enormous moral conflict central to the novel...and actually life itself. Huck gives his dilemma deep thought then decides to return Jim in compliance with the accepted standards of society. He writes Jim's owner, Miss Watson a letter in which he tells her he has her slave. As Jim sleeps and Huck navigates the raft down the Mississippi River he holds the pivotal letter in his hands and says...

"It was a close place. I took it up , and held it in my hand. I was a-trembling, because I'd got to decide, forever, betwixt two things, and I knowed it. I studied a minute, sort of holding my breath and then says to myself: 'All right, then I'll GO to hell- and tore it up'."