Recording

Question 1

Race

Answer 1

Title is recognized to the party who wins the race to record the instrument conveying the interest.
- Race statutes value certainty over fairness.

Question 2

Notice

Answer 2

A subsequent buyer’s interest is superior to an earlier conveyance from the same grantor if the subsequent buyer took the property without notice.

Question 3

Bonafide Purchasers

Answer 3

Did not have notice of the previous conveyance
- Paid something in consideration
- an instrument affecting real estate is of no validity against subsequent purchasers for a valuable consideration, without notice.

Question 4

Race-Notice

Answer 4

To take priority over prior conveyances, a subsequent purchaser must show that:
-She recorded her interest first
-She took without notice of the prior conveyance at the time of her purchase, and
- there was proper consideration.

Question 5

Actual Notice

Answer 5

a. Notice arises when buyer is personally aware of the prior transfer
b. bonafide purchasers do not know about the prior transaction.

Question 6

Constructive Notice- Recorded

Answer 6

Buyer is needed to have notice if the title flaw would have been revealed by a competent title search

Question 7

Constructive Notice- Inquiry

Answer 7

Buyer has notice of any fact that would have been revealed if they made a reasonable inquiry, if facts suggest the possibility that there is a flaw in title.