Recording Flashcards
Notice Jurisdiction
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.
Shelter Doctrine
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.
Race Notice
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.