Grantor-Grantee Index Majority separate alphabetical/chronological indices – – by surname NOTE: In grantor index, upon finding deed, search from year of execution not year of recording Tract Index Indexing by parcel ID number problematic if tracts are subdivided – – Example Statutes Notice Statute (FL) No conveyance shall be good against subsequent purchasers – for a valuable consideration unless the same be recorded and without notice, according to the law Race-Notice Statute (CA) Every conveyance of real property is void against any – subsequent purchaser in good faith whose conveyance if first duty recorded, and as against any judgment affecting the title, unless the conveyance shall have been duly recorded prior to the record of notice of action Easy Example Problems OA OA OA OB no notice OA OA OB no notice O diesH A records OB no notice OB no notice Fact Pattern A records HB no notice AC no notice A records B records BC with notice B records B records A v. B A v. B A v. C A v. B C records B v. C Common Law A wins A wins A wins A wins C wins Notice B wins B wins C wins (Shelter Rule) B wins C wins C wins Note: A is first Race-Notice A wins B wins A wins B wins to record an Tricky Example Problems and Case Rules OA not notarized OA OA Messersmith v. Smith A records OB OA OB with notice AC BC OB not notarized B records C records C records Fact Pattern BC A records OB no notice A writes name on deed** B records BC & no title search A records C records C records B records B records A records A v. C*** B v. C A v. C Common Law A wins C wins A wins A wins Morse v. Curtis – C wins Notice XXXXXXXX B wins A wins Woods v. Garnett – A wins A wins A wins Race-Notice Improper notarizing C wins* A wins (C has a Wild Deed) record can’t
Grantor-Grantee Index – Majority – separate alphabetical/chronological indices by surname NOTE: In grantor index, upon finding deed, search from year of execution not year of recording Tract Index – Indexing by parcel ID number – problematic if tracts are subdivided Example Statutes Notice Statute (FL) – No conveyance shall be good against subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to the law Race-Notice Statute (CA) – Every conveyance of real property is void against any subsequent purchaser in good faith whose conveyance if first duty recorded, and as against any judgment affecting the title, unless the conveyance shall have been duly recorded prior to the record of notice of action Easy Example Problems Fact Pattern OA OB no notice A records A v. B OA OB no notice B records A v. B OA OB no notice A records BC with notice A v. C OA O diesH HB no notice B records A v. B OA OB no notice A records AC no notice B records C records B v. C Common Law A wins A wins A wins A wins C wins Notice B wins B wins C wins (Shelter Rule) B wins C wins Race-Notice A wins B wins A wins B wins C wins Note: A is first to record an Tricky Example Problems and Case Rules Fact Pattern Messersmith v. Smith OA OB not notarized BC B records C records A records OA not notarized A records AC C records OB no notice & no title search B records B v. C OA OB BC C records A writes name on deed** A records B records A v. C OA OB with notice B records A records BC C records A v. C*** Common Law A wins C wins A wins A wins Notice XXXXXXXX B wins A wins Morse v. Curtis – C wins Woods v. Garnett – A wins Race-Notice A wins Improper notarizing can’t record C wins* A wins (C has a Wild Deed) A wins
Property_Outline_Sterk_Spring_2012.docx