Uncertain Recording Act Priority

Vol. 41, Real Property Law Reporter, pg. 36 - 38, Mar. 2018

8 Pages Posted: 23 Jul 2018

See all articles by Roger Bernhardt

Roger Bernhardt

Golden Gate University - School of Law

Date Written: March 2018

Abstract

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”).

Suggested Citation

Bernhardt, Roger, Uncertain Recording Act Priority (March 2018). Vol. 41, Real Property Law Reporter, pg. 36 - 38, Mar. 2018. Available at SSRN: https://ssrn.com/abstract=3205515 or http://dx.doi.org/10.2139/ssrn.3205515

Roger Bernhardt (Contact Author)

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA 94105
United States

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