Property Desperation!

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Lizard
Posts: 37
Joined: Sat Dec 21, 2013 9:25 pm

Property Desperation!

Postby Lizard » Thu Jan 02, 2014 4:50 pm

Hi,
If a person purchases a property and they don't record the deed, does their title to the property still show up in a title search if the lender that financed the purchase (by securing a mortgage on the entire property- owner's house and lot) recorded the mortgage?

Sorry to take up space with this, but I am so confused and would be so grateful for any feedback.
I posted this question in the substantive 1L questions a few days ago, but I haven't gotten an answer. Thanks in advance!

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holdencaulfield
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Joined: Sun Apr 26, 2009 7:12 pm

Re: Property Desperation!

Postby holdencaulfield » Thu Jan 02, 2014 5:05 pm

State?

doctoroflaw91
Posts: 374
Joined: Sun Dec 15, 2013 10:38 am

Re: Property Desperation!

Postby doctoroflaw91 » Thu Jan 02, 2014 5:12 pm

Lizard wrote:Hi,
If a person purchases a property and they don't record the deed, does their title to the property still show up in a title search if the lender that financed the purchase (by securing a mortgage on the entire property- owner's house and lot) recorded the mortgage?

Sorry to take up space with this, but I am so confused and would be so grateful for any feedback.
I posted this question in the substantive 1L questions a few days ago, but I haven't gotten an answer. Thanks in advance!


Depends on the state and their respective recording statute, etc. Is this a hypo or does it come from a particular case?

Lizard
Posts: 37
Joined: Sat Dec 21, 2013 9:25 pm

Re: Property Desperation!

Postby Lizard » Thu Jan 02, 2014 7:49 pm

doctoroflaw91 wrote:
Lizard wrote:Hi,
If a person purchases a property and they don't record the deed, does their title to the property still show up in a title search if the lender that financed the purchase (by securing a mortgage on the entire property- owner's house and lot) recorded the mortgage?

Sorry to take up space with this, but I am so confused and would be so grateful for any feedback.
I posted this question in the substantive 1L questions a few days ago, but I haven't gotten an answer. Thanks in advance!


Depends on the state and their respective recording statute, etc. Is this a hypo or does it come from a particular case?

Originally from a case, but I'm trying to figure out for general understanding. I'm thinking that in a notice statute it is irrelevant, but in a race statute or race-notice statute it may count? But I guess my bigger question is if, in general, when not modified by state statute, the recordings of the title owner and lender would be located in the same place/found in the same title search/classify as part of the public record?

Also, if the lender's recording does count on behalf of the property owner (such that as long as the conveyance is recorded property it doesn't matter WHO did the recording) and it's recorded in the same place the property owner would have recorded, does this mean that pretty much anyone who takes out a govt backed loan doesn't have to worry about doing their own recording?

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shepdawg
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Re: Property Desperation!

Postby shepdawg » Mon Jan 06, 2014 1:44 am

It would most likely put any subsequent purchaser on notice, which would eliminate a bfp conclusion?

Lizard
Posts: 37
Joined: Sat Dec 21, 2013 9:25 pm

Re: Property Desperation!

Postby Lizard » Mon Jan 06, 2014 3:07 am

shepdawg wrote:It would most likely put any subsequent purchaser on notice, which would eliminate a bfp conclusion?


So the mortgage/lender's recording would appear in a regular title search, such that a future purchaser wouldn't be deemed a bona fide purchaser (bfp)?

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stillwater
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Re: Property Desperation!

Postby stillwater » Tue Jan 07, 2014 2:00 pm

the Property Tree House is the only salvation you have young man.

Lizard
Posts: 37
Joined: Sat Dec 21, 2013 9:25 pm

Re: Property Desperation!

Postby Lizard » Tue Jan 07, 2014 9:40 pm

stillwater wrote:the Property Tree House is the only salvation you have young man.

That went way over my head




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