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[+] Core Logic?? - Kurt deVries/FL (3 replies)
8/12/2011 9:26:11 PM (2939 views)

After a 15 year legal battle over zoning the house will be razed - Leigh Attridge/MA
8/12/2011 3:20:55 PM (2416 views)

[-] Interesting Hypothetical Question - Robert Franco/OH (15 replies)
8/12/2011 11:48:43 AM (4759 views)

Sam owns a run-down property that he wants to get rid of. 

In the morning, Andy stops by to visit Sam and offers him $3,000 to buy it.  Sam accepts the offer and on the spot executes a warranty deed and delivers it to Andy.  Andy pays him $3,000 in cash.

In the afternoon, on the same day, Bruce visits Sam and offers him $3,000 to buy the property.  Sam accepts the offer and on the spot executes a warranty deed and delivers it to Bruce.  Bruce pays Sam $3,000 in cash.

Unbeknownst to Andy or Bruce, they both arrive at the courthouse at the same time to record their deeds.  Andy is first in line at the Auditor's office to pay the conveyance fee and get his deed stamped.  The clerk tells Andy that he needs to get the legal description approved first, and directs him to the Tax Map Office. 

Bruce gets a different clerk who doesn't realize that Andy has a deed for the same property. Bruce's deed gets the required stamp and proceeds to the recorder's office where his deed is properly recorded.

Andy gets his legal approved and goes back to the Auditor's office, where Bruce's transfer is not yet showing up in the Auditor's computer system.  Unaware that the property has already been transferred to Bruce, Andy gets the deed stamped and proceeds to the recorder's office where his deed is recorded... just minutes after Bruce's deed went on record.

Who is the legal owner of the property?

This hypothetical is based on a true set of facts recently relayed to me by another abstractor.  I realize that state laws may vary, but I thought it would make for a very interesting discussion.  First, because I think that strong arguments can be made supporting both Andy and Bruce.  Second, because I think it would be interesting to hear how much state law varies.  So, please, share your opinion of the status of the title to this property.

If we get some good responses, I promise to share the outcome of the "true story" on which this hypothetical is based.

Best,
Robert A. Franco
SOURCE OF TITLE

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Re: Interesting Hypothetical Question - CHARLENE  PERRY/MD
8/12/2011 12:01:05 PM (3266 views)
Andy wins. - J. H./OH
8/12/2011 1:17:54 PM (3483 views)
Re: Andy wins. - Robert Franco/OH
8/12/2011 3:52:16 PM (3513 views)
Re: Interesting Hypothetical Question - Patrick Scott/IL
8/13/2011 3:35:54 PM (3462 views)
Re: Interesting Hypothetical Question - Robert Franco/OH
8/15/2011 9:59:49 AM (3265 views)
Re: Interesting Hypothetical Question - Jolene Lien/MN
8/15/2011 9:09:16 AM (3224 views)
Re: Interesting Hypothetical Question - WAYNE QUICK/NC
8/15/2011 9:55:41 AM (3177 views)
Re: Interesting Hypothetical Question - Jolene Lien/MN
8/15/2011 10:41:08 AM (3258 views)
Re: Interesting Hypothetical Question - Robert Franco/OH
8/15/2011 10:45:45 AM (3227 views)
Re: Interesting Hypothetical Question - Jolene Lien/MN
8/15/2011 10:55:34 AM (3188 views)
Re: Interesting Hypothetical Question - Patrick Scott/IL
8/15/2011 12:22:41 PM (3243 views)
Re: Interesting Hypothetical Question - Shona Dunning/WY
8/15/2011 1:23:09 PM (3139 views)
Re: Interesting Hypothetical Question - Robert Franco/OH
8/15/2011 1:36:44 PM (3172 views)
Re: Interesting Hypothetical Question - William Pattison /CA
8/15/2011 2:55:15 PM (3242 views)
Re: Interesting Hypothetical Question - Robert Franco/OH
8/15/2011 4:54:42 PM (3151 views)

[+] 8MB Message Limit - Helene /GA (8 replies)
8/11/2011 9:30:03 PM (2420 views)

Georgetown v Marines 1923 - Smashmouth Football - Leigh Attridge/MA
8/11/2011 7:00:25 PM (2496 views)


AccuSearch Company


Express National T/A Express TAE, Inc. - Jennifer Coffey/VA
8/10/2011 6:29:00 PM (2360 views)

[+] Question on protocol regarding up-charges - Kym/NJ (9 replies)
8/10/2011 3:24:04 PM (2422 views)

Massachusetts reaches 125 million settlement with subprime lender - Option One - Leigh Attridge/MA
8/9/2011 2:42:40 PM (2370 views)

[+] United Lender Services - Jack Johanson/PA (2 replies)
8/9/2011 2:25:01 PM (2954 views)

AAC Abstract - Marte Smith/WI
8/9/2011 9:37:11 AM (2151 views)

[+] AFX Title - Celia Franklin/GA (5 replies)
8/8/2011 8:18:20 PM (3432 views)

[+] Comment on "ALTA: Title insurance should be required for qualified residential mortgages" - Source of Title/OH (3 replies)
8/8/2011 4:11:16 PM (2166 views)

[+] Comment on "The Doctrine of Merger of Title and Deeds in Lieu of Foreclosure" - Source of Title/OH (2 replies)
8/8/2011 3:59:53 PM (3786 views)

At the OAITA Conference - Robert Franco/OH
8/8/2011 10:40:35 AM (1744 views)

[+] Comment on "Underwriter Halts Business After Agent Defalcation" - Source of Title/OH (1 reply)
8/8/2011 8:28:43 AM (3013 views)


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