Recording System

Question 1

What is the purpose of recording?

Answer 1

To provide constructive notice of the claim of a prior grantee to a subsequent Bona Fide Purchaser.BFP

Question 2

Who is protected by the Recording Acts?

Answer 2

1. BFPs: Protected against previously held interests that were not recorded.
2. Mortgagee (Banks):Protected against previously held interests that were not recorded.
3. Judgment Creditors

Question 3

Who is NOT protected by Recording Acts?

Answer 3

Donee, such as:
a. Any person who received the property as a lifetime gift
b. Any person who has received the property as a testamentary gift
c. Any person who has received it because they qualify as an intestate

Question 4

What are the 3 types of Recording Statutes?

Answer 4

1. Pure Race (only 4 states)
2. Pure Notice
3. Race- Notice

Question 5

1. Pure race

Answer 5

*Whoever records first wins!
BLR: No mortgage or conveyance of an interest in land is valid against any subsequent purchaser whose conveyance is First Recorded”.

Question 6

2. Pure Notice

Answer 6

BLR: No conveyance of land is valid to any subsequent purchaser for value without notice, unless it is first recorded.

*(BFP) prevails against the prior grantee because the first grantee NEVER RECORDED.”

*(BFP) need not record herself to prevail over grantee.

If C never records, it will not influence the subsequent purchaser but will influence the people that come after C.

Question 7

3. Race-Notice

Answer 7

BLR: No conveyance of land is valid against any subsequent purchaser for value without notice whose conveyance is first recorded”

*BFP must be without notice of a prior grantee’s interest, AND BFP must record before prior grantee to prevail”