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greenchair

Posts: 150
Joined: Sat May 08, 2010 1:04 am

I wrote out an analysis for a recording acts question. Could someone please tell me if I am correct?

Problem #1
A -> B
O -> A
B -> C
C records
A -> D (actual knowledge of O->A)
D records
O -> E
E records

See my analysis below:
A -> B
This is a wild deed that is never recorded. B will never win anything.
O -> A
At common law, A wins.
B -> C
C is a BFP without notice. In a notice jx, C wins here.
C records
C is a BFP without notice first to record. In a race notice jx, C wins here.
A -> D (actual knowledge of O->A)
Because A->B was never recorded, B -> C's recording will not provide notice down the chain. D wins here in a notice jurisidction.
D records
D wins here in a race notice jurisidiction for the above reasons.
O -> E
E records
E wins here because E is a BFP without notice. Since O-> A was never recorded, A -> B is a wild deed and its recording won't provide notice down the chain of title. Same goes for A->D. D should have recorded the entire chain back to O. What an idiot.

Problem #2
O -> A
O -> B (actual knowledge of O-> A)
O -> C
B -> D (actual knowledge of O -> B)
A records.
B records.
D records.

See my analysis below:
O -> A
A wins at common law. First in time.
O -> B (actual knowledge of O-> A)
B is not a BFP. A still wins.
O -> C
C is a BFP. In a notice jurisdiction, C wins here. Race notice still gives it to A.
B -> D (actual knowledge of O -> B)
D is a BFP without notice of O->A. Although B->D is wild, D wins in a notice jurisdiction. A still wins in race notice.
A records.
Too little too late. D still wins in notice. A wins in race notice.
B records.
B is not a BFP. B is out of luck.
D records.
D wins in notice. A still wins race notice because A won the race.