Term
| What does the recording law provide? |
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Definition
| until recorded, a deed, mortgage, or other instrument conveying an interest in real property is ineffective and void as to subject purchases or mortgagees of the same land |
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Term
| What does it mean to be valid as between the parties to the instrument? |
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Definition
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Term
| What are the double operation of the recording laws? |
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Definition
- Protect a purchaser or mortgagee who acts in ignorance of an earlier unrecorded deed or mortgage.
- They also provide that if a deed or mortgage is recorded, all persons who thereafter deal with the property will be deemed to have full knowledge of the recorded document
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Term
| The courts say that the public records impart ____________ of all prior recorded deeds ans mortgages. |
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Definition
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Term
| If Frank sells his property to Mac, and then persuades Charlie to buy the same property...what does Charlie acquire? |
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Definition
| Nothing...Charlie has constructive notice |
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Term
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Definition
| One who has paid the purchase price in good faith and without knowledge of the prior unrecorded deed or mortgage |
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Term
| Does possession impart constructive notice? |
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Definition
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Term
| What does it mean to be in chain of title? |
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Definition
| the title must be dated in the proper chronological order |
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Term
| Why is chain-of-title a double edged sword? |
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Definition
| Constructive notice is given of those instruments that are in the chain of title........and the instruments outside of the chain of title do not impart constructive notice |
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