Recording Flashcards

1
Q

Notice Jurisdiction

A

Any conveyance of an estate in land, other than a lease for less than one year, shall not be valid against any subsequent purchaser for value, without notice, unless the conveyance is recorded.

Last BFP to take, WITHOUT notice, wins.

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2
Q

Shelter Doctrine

A

If you take from a “BFP for value without notice”, you get to assume their status as a BFP for value without notice (considered an eligible last BFP to take) even if you had knowledge of prior unrecorded interests.

I.E.:
Assume notice statute jurisdiction.

O grants to A. A did not record. O grants to B. B knew nothing of A and promptly recorded. B sold to C. C aware of A’s interest (C has actual notice), but recorded anway.

C is the last BFP to take due to Shelter Doctrine.

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3
Q

Race Notice

A

No conveyance or mortgage of real property shall be valid against a subsequent purchaser for value and without notice whose conveyance is first recorded.

First BFP to take, WITHOUT notice AND RECORDS, wins.

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