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Quick Notice Statute Question (Real Property)
Posted: Sun Jan 22, 2017 12:49 pm
by musashino
Source:
https://youtu.be/ohatV3pVMYs?t=10m24s
"No conveyance is valid against a subsequent bona-fide purchaser (BFP)
who has no notice of the original conveyance (Redundant)
unless the conveyance is first recorded." (Redundant)
I thought this was a Race-Notice Statute, but apparently it's a Notice Statute.
The 2nd line is obviously redundant since it's part of the definition of a BFP to not have received notice.
However, I don't get why the 3rd line is redundant.
Re: Quick Notice Statute Question (Real Property)
Posted: Sun Jan 22, 2017 7:03 pm
by jir92
I think because if "the conveyance is first recorded" then the BFP would not be a BFP since he would have taken the property with notice of a conveyance recorded before he bought the land.
At first I was equating the conveyance is first recorded with the conveyance is recorded first. Perhaps you're doing the same?
Re: Quick Notice Statute Question (Real Property)
Posted: Sun Jan 22, 2017 11:47 pm
by musashino
jir92 wrote:I think because if "the conveyance is first recorded" then the BFP would not be a BFP since he would have taken the property with notice of a conveyance recorded before he bought the land.
At first I was equating the conveyance is first recorded with the conveyance is recorded first. Perhaps you're doing the same?
Christ, that's it. Sonuva#*&$. LOL.
Thanks a lot. Wasted 1/2 my time studying recording statutes on this one stupid line.
No wonder they said it was redundant. the entire 3rd line is just saying that the bona-fide purchaser in the 1st line is indeed subsequent to the conveyance in question.
Re: Quick Notice Statute Question (Real Property)
Posted: Tue Jan 24, 2017 8:45 pm
by jir92
musashino wrote:jir92 wrote:I think because if "the conveyance is first recorded" then the BFP would not be a BFP since he would have taken the property with notice of a conveyance recorded before he bought the land.
At first I was equating the conveyance is first recorded with the conveyance is recorded first. Perhaps you're doing the same?
Christ, that's it. Sonuva#*&$. LOL.
Thanks a lot. Wasted 1/2 my time studying recording statutes on this one stupid line.
No wonder they said it was redundant. the entire 3rd line is just saying that the bona-fide purchaser in the 1st line is indeed subsequent to the conveyance in question.
Haha no problem. I hate the way the mind operates during these questions

, but it was nicely reassuring to be able to (correctly) crack the code here!
Re: Quick Notice Statute Question (Real Property)
Posted: Tue Jan 31, 2017 12:18 am
by dchunny614
Mind blowing!! Lol..thanks guys..I was definitely making the first recorded recorded first mistake..