Recording Rules

Question 1

Brightline rules for recording statutes: (3)

Answer 1

Race (B wins if she records properly before A)

Notice (B wins if she was a BFP when she took REGARDLESS of recording) — i.e. last BFP to take, wins

Race-notice (B wins if she’s a BFP and she records properly before A)

Question 2

Purchaser for value when B pays way less than market value?

Answer 2

Yes

Question 3

Doomed donee: when B is a BFP in a double-dealing situation and is also the heir, devisee, or donee of the original double-dealing seller, what happens?

Answer 3

B is not protected by the recording statute unless shelter rule applies

Question 4

Types of notice for recording statutes (3)

Answer 4

AIR

Actual
Inquiry (investigation would’ve revealed)
Record (properly recorded in chain of title)

Question 5

Shelter rule:

Answer 5

anyone who takes from a BFP will prevail against any interest the BFP would have prevailed against

Question 6

A wild deed is not ____ to the chain of title.

Answer 6

Connected

Question 7

A wild deed is incapable of giving ____.

Answer 7

Record notice of its existence

Question 8

Estoppel by deed is where one conveys realty with no deed then subsequently gains title, and is ___ from denying the validity of his initial fraudulent conveyance.

Answer 8

Estopped