Titles Flashcards
In a notice jurisdiction, will a subsequent purchaser with no actual or record notice of an easement against the serviant estate prevail over the interest of the dominant estate who has not recorded the easement?
In a notice jurisdiction, an easement not recorded against the servient estate is not enforceable against a bona fide purchaser, that is, a purchaser without notice of the easement. However, recording an easement is only required if the subsequent purchaser did not have actual or inquiry notice of the easement. If the buyer did not have actual notice, they will still be subject to prior claims, which includes easements, if a reasonable investigation would have disclosed the existence of those claims.
Can the first buyer of a property seek protection of the recording statute if she is the only one to record but does so after the subsequent purchaser?
The first buyer is not automatically protected by recording her deed under a notice statute, even when she is the only party to record her deed. If the first buyer records her deed prior to the second transaction, she would have given the second buyer constructive notice of the prior sale, and would have enjoyed the protection of the recording act
If a mortgagee defaulted on their payments can a mortgagee foreclose on its mortgage on the residence if they recorded the mortgage but not the note?
When property on which there is a mortgage is sold, the buyer takes subject to the mortgage unless the buyer assumes the mortgage. If the applicable jurisdiction is a race recording statute a mortgagee who records can enforce its rights in the property despite the subsequent sale.
Can a mortgagee enforce a mortgage despite not recording both the mortgage and the note?
The mortgagee is required only to record the mortgage, which represents a property interest in the residence. Other loan documents, including the note, reflect the personal obligation of the mortgagor and need not be filed to enforce the mortgage.
If the testators friend is to receive a devise but predeceases the tester, will the anti-lapse statute protect the gift?
Anti-lapse statutes protect gifts to a testator’s certain, specified family members (i.e., issue), not to friends.
Effect of a forged Instrument
A forged instrument, such as a deed or release from a mortgage, is void and has no effect on property rights, even if relied upon by a bona fide purchaser.
Wild deeds
Although an instrument is recorded and indexed in the recording office, it may not be recorded in such a way as to give notice to subsequent purchasers (i.e., the deed may not be in the “chain of title”). A deed not within the chain of title is a “wild deed.” (filing the document in the right officer but not in the appropriate manner)
