Recording Statute Flashcards
(8 cards)
Recording Statute
Applies when a single grantor gives, sells/conveys property to multiple people you then use this to be like who actually owns it
Race Statute
First person to record prevails
Notice
“Subsequent purchaser for value with no notice”
Last bonafide purchaser prevails
Bonafide Purchaser
Is someone who pays for the property
Takes the property without notice
Creditors are not bonafide purchaser
MORTGAGES ARE BONAFIDE PURCHASERS
Race/Notice
The first bonafide purchaser who recorded wins
“First record”
No subpurchaser shall be good against subsequent purchaser for value w/o notice who recorder first
Shelter Rule
“O gives to A” A does not record
O then gives to B: B then records and gives to C as a gift
C is not a BFP but C will win because B is a BFP
Remember that one who takes from a BFP will prevail against anyone the transferor - BFP would have prevailed against
Wild Deed
A recorded deed outside of chain of titles
After Acquired Title
If on the day of closing the grantor did not have the title because of some off glitch or something like that
If grantor acquires title after closing title will pass automatically to grantee