A Poke (in the eye) from Facebook

by Sean Purcell

Real Estate Renaissance Man

Author website

You know, they say it isn’t wise – when you visit the Wizard of Oz – to look too closely behind the curtain.  Might not like what you see.  In Australia we were recently treated to a quick look behind Facebook’s curtain and I have to tell you: the king ain’t wearing any clothes!

Seems a nice young couple had bought a house, got upside down, stopped paying their mortgage and were doing everything they could to avoid the process servers and foreclosure coming their way.  Not altogether different from the unfortunate antics of a great many folks over in our neck of the woods.  I doubt many of us condone their behavior, but I find it difficult to root for the mortgage company either.  Sort of like watching a tether ball game between your ex-wife and her attorney: I don’t really care who wins just so long as both sides take one or two in the kisser.  Aaaaanyway, the mortgage company finally won the game.  Want to know how?  They looked this couple up and served them legal documents on Facebook!  (Read the full story here.)

Better yet, the local Supreme Court in Australia ruled that this was an acceptable use of the social networking platform.  Are you surprised?  Shocked?  Maybe even a little outraged?  I should say so.  I’ll bet Facebook was none too happy either.  Imagine the chilling affect this development may have on their social network site.  Let’s listen in:

Facebook spokesman Barry Schnitt praised the ruling.

“We’re pleased to see the Australian court validate Facebook as a reliable, secure and private medium for communication,” he said.

“The ruling is also an interesting indication of the increasing role that Facebook is playing in people’s lives,” Schnitt added.  The company said it believed this was the first time it has been used to serve a foreclosure notice.

I can only guess at the pride they’ll feel when the first paternity suit is served.  Are you kidding me?  I read this and the first thing I did was look up hubris in the dictionary, just to make sure I was using that word correctly in my initial reaction.  Turns out my problem was redundancy.  Webster’s used to define hubris as: “excessive pride or self-confidence.”  Now it simply says: “see Facebook.”  Did he say “… an interesting indication of the increasing role that Facebook is playing in people’s lives?”  Is that anything like reveling in the expanded role the stock market is currently playing in people’s lives?

Sydney University of Technology law professor Michael Fraser:

“It does change the rules of the game because people thought of these as social sites; now they can be used to serve official court documents and it may change the way people establish a presence on the social networks and the way they use them.”

Do you think?  We are told by Rory Ryan, a Baylor Law School associate professor, that U.S. users do not have to worry about being served though the program yet.  Yet?  Oh really?  Have you ever seen the 9th Circuit Court of Appeals in action?  I am here to tell you I have as many problems as the next guy – maybe more.  But do I want my dirty linens cleaned on Facebook?  Do you?