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[+] Comment on "American Land Title Association Reports Record Membership" - Source of Title/OH (4 replies)
8/18/2011 4:55:52 PM (3312 views)

[+] upgrading price to a full search - Deborah Manion/VA (5 replies)
8/18/2011 4:19:54 PM (3466 views)

[+] Federal enquiries into S&P mortgage ratings - Leigh Attridge/MA (6 replies)
8/18/2011 6:14:03 AM (4380 views)

[+] Canceling orders - Carla Curry/KY (1 reply)
8/17/2011 5:15:06 PM (3556 views)

[+] Hypothetical Question: New Unions Impact on Title - William Pattison /CA (3 replies)
8/17/2011 8:47:14 AM (2972 views)


AccuSearch Company


[+] Another Hypothetical: Survivorship - Robert Franco/OH (16 replies)
8/16/2011 12:22:43 PM (5349 views)

[+] converting files to pdf - JOANN CALWELL/MD (26 replies)
8/15/2011 2:14:56 PM (3486 views)

At Vacant Homes Foraging for Fruit - Leigh Attridge/MA
8/15/2011 8:24:30 AM (3840 views)

[+] Core Logic?? - Kurt deVries/FL (3 replies)
8/12/2011 9:26:11 PM (3517 views)

After a 15 year legal battle over zoning the house will be razed - Leigh Attridge/MA
8/12/2011 3:20:55 PM (3666 views)

[-] Interesting Hypothetical Question - Robert Franco/OH (15 replies)
8/12/2011 11:48:43 AM (6142 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 (5037 views)
Andy wins. - J. H./OH
8/12/2011 1:17:54 PM (5262 views)
Re: Andy wins. - Robert Franco/OH
8/12/2011 3:52:16 PM (5295 views)
Re: Interesting Hypothetical Question - Patrick Scott/IL
8/13/2011 3:35:54 PM (5243 views)
Re: Interesting Hypothetical Question - Robert Franco/OH
8/15/2011 9:59:49 AM (5030 views)
Re: Interesting Hypothetical Question - Jolene Lien/MN
8/15/2011 9:09:16 AM (4992 views)
Re: Interesting Hypothetical Question - WAYNE QUICK/NC
8/15/2011 9:55:41 AM (4923 views)
Re: Interesting Hypothetical Question - Jolene Lien/MN
8/15/2011 10:41:08 AM (5005 views)
Re: Interesting Hypothetical Question - Robert Franco/OH
8/15/2011 10:45:45 AM (4975 views)
Re: Interesting Hypothetical Question - Jolene Lien/MN
8/15/2011 10:55:34 AM (4921 views)
Re: Interesting Hypothetical Question - Patrick Scott/IL
8/15/2011 12:22:41 PM (4980 views)
Re: Interesting Hypothetical Question - Shona Dunning/WY
8/15/2011 1:23:09 PM (4847 views)
Re: Interesting Hypothetical Question - Robert Franco/OH
8/15/2011 1:36:44 PM (4913 views)
Re: Interesting Hypothetical Question - William Pattison /CA
8/15/2011 2:55:15 PM (4995 views)
Re: Interesting Hypothetical Question - Robert Franco/OH
8/15/2011 4:54:42 PM (4898 views)

[+] 8MB Message Limit - Helene /GA (8 replies)
8/11/2011 9:30:03 PM (2981 views)

Georgetown v Marines 1923 - Smashmouth Football - Leigh Attridge/MA
8/11/2011 7:00:25 PM (3861 views)

Express National T/A Express TAE, Inc. - Jennifer Coffey/VA
8/10/2011 6:29:00 PM (3050 views)

[+] Question on protocol regarding up-charges - Kym/NJ (9 replies)
8/10/2011 3:24:04 PM (2983 views)


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