Uncertain Recording Act Priority
Vol. 41, Real Property Law Reporter, pg. 36 - 38, Mar. 2018
8 Pages Posted: 23 Jul 2018
Date Written: March 2018
Our real estate recording act makes priority depend not only on the objective question of which of two rival interests was recorded first, but also on the subjective consideration of the equities of one of the parties (usually the one who took second but recorded first) — i.e., on whether she gave value or was without notice of the other (was “in good faith”).
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