Thursday, July 29, 2010
The UCC And Real Estate 4-27-10
I have viewed a debate here upon this blog and heart it many times over whether the UCC applies to real estate transactions. The debate is really superficial and only deals with affects rather than substance. I liken it to a change of clothes upon my brother. The UCC being my brother whom I know and am familiar with. Now in every state of the union my brother’s wardrobe changes but my brother changes not. In Florida he may dress in the formalities of a tuxedo. In Texas in the practicality of denim. In California in a technical outfit for hi-tech applications. Regardless the UCC remains the framework or substance that makes all the varied affects coherent. Every state of the union has passed their own version of real estate law. Also every state in the union modeled them after the secured transactions of the UCC. Both parties in this debate are correct and both parties are wrong because one is talking of my naked brother who never presents himself in real estate that way and the other only talks of his wardrobe while ignoring my brother. If you come across this debate again at this level ignore it, it is only a waste of time. If you come to know UCC titles 9-3-2-1 and possibly 8 you will always be able to see how my brother functions in every varied dress. While writing this blog I was sitting before a window steel-barred on the inside and rain dropped on the outside. Before my eyes rose one of the most clear and large rainbows I have ever seen. All 7 colors were easily seen. It seemed to rise up right out of a forest. Now one can debate about its illusionary qualities and the visual refraction of light but wholly miss its real import. God in His relationship to man used nature to provide convenient sign that His promise shall never be broken. Superficial debates only puffs up the fragile egos of the parties. Truth on the other hand affects a man’s character. The truth of the rainbow and the UCC impact my behavior responses and that’s a conversation worth having.