Race Notice Stuff Flashcards
Types of notice
actual - actually knows
inquiry - waht reasonable inquiry would hav revealed
record notice - what search of real property records woul dhave revealed
Types of Record Notice
Notice = later BFP wins if earlery grant was not recorded. LAST BFP TAKES WINS
Race-Notice - Later BFP wins only if she records before earlier grantee. MUST BE A BFP WHEN YOU TAKE + RECORD FIRST
Race - FIRST TO RECORD WINS AND NOTICE DOESN’T MATTER
Recording Problems
Shelter rule - one who taks from a BFP gets the benefit of prevailing over any entity that the BFP would have prevailed gainst. STEP INTO SHOES OF BFP
Wild Deed - Doesn’t record, then sells and B records so it’s O, no A deed, then A to B. Must record properlly. If a deed enters a record has a ggrantor missing, then acannot give record notice. C wins because it’s last BFP to take and recorded first. If you have a wild deed you’re screwed.
Estoppel by Deed- One who conveys ealty in which he has no interest cannot convey title to someone else later. Basically, if you have no interest, you can’t sell and a BFP is going to take