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After a 15 year legal battle over zoning the house will be razed - Leigh Attridge/MA
8/12/2011 3:20:55 PM (4392 views)

[-] Interesting Hypothetical Question - Robert Franco/OH (15 replies)
8/12/2011 11:48:43 AM (7405 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 (6275 views)
Andy wins. - J. H./OH
8/12/2011 1:17:54 PM (6577 views)
Re: Andy wins. - Robert Franco/OH
8/12/2011 3:52:16 PM (6585 views)
Re: Interesting Hypothetical Question - Patrick Scott/IL
8/13/2011 3:35:54 PM (6592 views)
Re: Interesting Hypothetical Question - Robert Franco/OH
8/15/2011 9:59:49 AM (6305 views)
Re: Interesting Hypothetical Question - Jolene Lien/MN
8/15/2011 9:09:16 AM (6236 views)
Re: Interesting Hypothetical Question - WAYNE QUICK/NC
8/15/2011 9:55:41 AM (6232 views)
Re: Interesting Hypothetical Question - Jolene Lien/MN
8/15/2011 10:41:08 AM (6279 views)
Re: Interesting Hypothetical Question - Robert Franco/OH
8/15/2011 10:45:45 AM (6206 views)
Re: Interesting Hypothetical Question - Jolene Lien/MN
8/15/2011 10:55:34 AM (6188 views)
Re: Interesting Hypothetical Question - Patrick Scott/IL
8/15/2011 12:22:41 PM (6237 views)
Re: Interesting Hypothetical Question - Shona Dunning/WY
8/15/2011 1:23:09 PM (6114 views)
Re: Interesting Hypothetical Question - Robert Franco/OH
8/15/2011 1:36:44 PM (6139 views)
Re: Interesting Hypothetical Question - William Pattison /CA
8/15/2011 2:55:15 PM (6304 views)
Re: Interesting Hypothetical Question - Robert Franco/OH
8/15/2011 4:54:42 PM (6252 views)

[+] 8MB Message Limit - Helene /GA (8 replies)
8/11/2011 9:30:03 PM (3732 views)

Georgetown v Marines 1923 - Smashmouth Football - Leigh Attridge/MA
8/11/2011 7:00:25 PM (4741 views)

Express National T/A Express TAE, Inc. - Jennifer Coffey/VA
8/10/2011 6:29:00 PM (3662 views)




[+] Question on protocol regarding up-charges - Kym/NJ (9 replies)
8/10/2011 3:24:04 PM (3718 views)

Massachusetts reaches 125 million settlement with subprime lender - Option One - Leigh Attridge/MA
8/9/2011 2:42:40 PM (4567 views)

[+] United Lender Services - Jack Johanson/PA (2 replies)
8/9/2011 2:25:01 PM (4215 views)

AAC Abstract - Marte Smith/WI
8/9/2011 9:37:11 AM (3070 views)

[+] AFX Title - Celia Franklin/GA (5 replies)
8/8/2011 8:18:20 PM (4688 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 (3374 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 (5054 views)

At the OAITA Conference - Robert Franco/OH
8/8/2011 10:40:35 AM (2618 views)

[+] Comment on "Underwriter Halts Business After Agent Defalcation" - Source of Title/OH (1 reply)
8/8/2011 8:28:43 AM (4304 views)

[+] He operates the largest foreclosure law firm in Massachusetts - Mark Harmon - Leigh Attridge/MA (1 reply)
8/7/2011 9:05:51 AM (4567 views)


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