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Author Topic: Recording System Question.  (Read 376 times)

mutual_biscuit

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Recording System Question.
« on: May 11, 2008, 11:28:41 PM »
Suppose if you will that you are in a Race-notice Jurisdiction and the following occurs:

O conveys Blackacre to A, who does not record the deed from O to A. O conveys Blackacre to B, who has no knowledge of the transaction between O and A. B does not record. Who owns Blackacre?

Since neither recorded I'm not sure if A would win since he was first in time and would win a common law, or if B would win because she was a SBP without notice. I'm guessing A wins under common law.

resipsaloquitur

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Re: Recording System Question.
« Reply #1 on: May 11, 2008, 11:34:33 PM »
In race-notice, A wins because of the common law rule.  This recording act doesn't enter into the picture because it protects the first bona fide purchaser for value who records and that hasn't happened.