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Published byEmery White Modified over 9 years ago
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Resolve priorities between competitors for the same property. [party vs. non-party] Does not impact the relationship between the original parties to the instrument.
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Owner grants land to A today and to B tomorrow. Who owns the land? Owner mortgages property to A today and to B tomorrow. Whose mortgage has priority? Owner mortgages property to A today and sells land to B tomorrow? Is B subject to mortgage?
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Prepare deed in proper form.
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Take deed to proper office.
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Prepare deed in proper form. Take deed to proper office. Pay fee.
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Prepare deed in proper form. Take deed to proper office. Pay fee. Clerk copies document into official records.
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Prepare deed in proper form. Take deed to proper office. Pay fee. Clerk copies document into official records. Document given identification.
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Prepare deed in proper form. Take deed to proper office. Pay fee. Clerk copies document into official records. Document given identification. Clerk indexes document.
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Prepare deed in proper form. Take deed to proper office. Pay fee. Clerk copies document into official records. Document given identification. Clerk indexes document. Original returned to filer.
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1. Race First grantee to record wins. Irrelevant that first to record knows about a prior unrecorded interest. Used in only a few states
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2. Race-Notice Second grantee wins if: ▪ No notice (actual or constructive) of prior interest at time of purchase, and ▪ Records first. In other words: ▪ Empty head plus ▪ Empty records plus ▪ Records first
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3. Notice Second grantee wins if: ▪ No notice (actual or constructive) of prior interest. ▪ No filing needed to protect against prior interest but would need to file to protect against subsequent interest. In other words: ▪ Empty head plus ▪ Empty records.
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