Recording Statute Flashcards

(8 cards)

1
Q

Recording Statute

A

Applies when a single grantor gives, sells/conveys property to multiple people you then use this to be like who actually owns it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Race Statute

A

First person to record prevails

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Notice

A

“Subsequent purchaser for value with no notice”
Last bonafide purchaser prevails

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Bonafide Purchaser

A

Is someone who pays for the property
Takes the property without notice
Creditors are not bonafide purchaser
MORTGAGES ARE BONAFIDE PURCHASERS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Race/Notice

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Shelter Rule

A

“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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Wild Deed

A

A recorded deed outside of chain of titles

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

After Acquired Title

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly