The Recording System / Title Assurance Flashcards
1
Q
Pure Race Notice (Minority)
A
The first to record wins, regardless of whether they have notice of a prior conveyance
2
Q
Pure Notice Statute (Split)
A
No matter who records first, if the subsequent purchaser has notice, they will not win; and must be a BFP (without notice)
3
Q
Race-Notice (Split)
A
Subsequent purchaser is without notice of the prior grantee’s interest; AND must record before the prior grantee
4
Q
Covenant of Seisin
A
The grantor has the ownership that they claim to have, and convey it
5
Q
Right to Convey
A
Grantor has the ability to convey the contained interest
6
Q
Covenant Against Encumbrances
A
I.e., marketable title
7
Q
Quiet Enjoyment
A
Ability to enjoy the property
8
Q
Warranty
A
Allows the grantor to be liable for damages by the paramount title holder
