Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



After a 15 year legal battle over zoning the house will be razed - Leigh Attridge/MA
8/12/2011 3:20:55 PM (3718 views)

[-] Interesting Hypothetical Question - Robert Franco/OH (15 replies)
8/12/2011 11:48:43 AM (6256 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

to post a reply: login - or - register


Re: Interesting Hypothetical Question - CHARLENE  PERRY/MD
8/12/2011 12:01:05 PM (5101 views)
Andy wins. - J. H./OH
8/12/2011 1:17:54 PM (5326 views)
Re: Andy wins. - Robert Franco/OH
8/12/2011 3:52:16 PM (5369 views)
Re: Interesting Hypothetical Question - Patrick Scott/IL
8/13/2011 3:35:54 PM (5340 views)
Re: Interesting Hypothetical Question - Robert Franco/OH
8/15/2011 9:59:49 AM (5106 views)
Re: Interesting Hypothetical Question - Jolene Lien/MN
8/15/2011 9:09:16 AM (5065 views)
Re: Interesting Hypothetical Question - WAYNE QUICK/NC
8/15/2011 9:55:41 AM (5007 views)
Re: Interesting Hypothetical Question - Jolene Lien/MN
8/15/2011 10:41:08 AM (5093 views)
Re: Interesting Hypothetical Question - Robert Franco/OH
8/15/2011 10:45:45 AM (5036 views)
Re: Interesting Hypothetical Question - Jolene Lien/MN
8/15/2011 10:55:34 AM (4980 views)
Re: Interesting Hypothetical Question - Patrick Scott/IL
8/15/2011 12:22:41 PM (5048 views)
Re: Interesting Hypothetical Question - Shona Dunning/WY
8/15/2011 1:23:09 PM (4916 views)
Re: Interesting Hypothetical Question - Robert Franco/OH
8/15/2011 1:36:44 PM (4981 views)
Re: Interesting Hypothetical Question - William Pattison /CA
8/15/2011 2:55:15 PM (5084 views)
Re: Interesting Hypothetical Question - Robert Franco/OH
8/15/2011 4:54:42 PM (4963 views)

[+] 8MB Message Limit - Helene /GA (8 replies)
8/11/2011 9:30:03 PM (3012 views)

Georgetown v Marines 1923 - Smashmouth Football - Leigh Attridge/MA
8/11/2011 7:00:25 PM (3927 views)

Express National T/A Express TAE, Inc. - Jennifer Coffey/VA
8/10/2011 6:29:00 PM (3079 views)


AccuSearch Company


[+] Question on protocol regarding up-charges - Kym/NJ (9 replies)
8/10/2011 3:24:04 PM (3007 views)

Massachusetts reaches 125 million settlement with subprime lender - Option One - Leigh Attridge/MA
8/9/2011 2:42:40 PM (3763 views)

[+] United Lender Services - Jack Johanson/PA (2 replies)
8/9/2011 2:25:01 PM (3564 views)

AAC Abstract - Marte Smith/WI
8/9/2011 9:37:11 AM (2603 views)

[+] AFX Title - Celia Franklin/GA (5 replies)
8/8/2011 8:18:20 PM (4008 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 (2761 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 (4402 views)

At the OAITA Conference - Robert Franco/OH
8/8/2011 10:40:35 AM (2193 views)

[+] Comment on "Underwriter Halts Business After Agent Defalcation" - Source of Title/OH (1 reply)
8/8/2011 8:28:43 AM (3611 views)

[+] He operates the largest foreclosure law firm in Massachusetts - Mark Harmon - Leigh Attridge/MA (1 reply)
8/7/2011 9:05:51 AM (3798 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8825 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

The Importance of Inhouse "vs" Online abstractors
Joan Miller's Blog
2023/01/31
0 comments

Preliminary Exam "Compass" and Instrument Guide for the Title Professional
From the desk of Christopher Kaufmann
2022/08/26
0 comments

A Reminder of Why Title Insurance is so Important
Source of Title Blog
2021/03/07
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

Pending Home Sales Increased 2.5% in December, Ending Six-Month Slide
Pending home sales increased in December for the first time since May 2022 — following six consecutive months of d...
New Home Sales Inch Higher in December but Market Weakness Remains
“Builder incentives and declining mortgage rates during the month of December helped push new home sales up for th...
NAR Statement on White House Tenant-Centered Action Plan
“Rents are rising, driven by inflation and exacerbated by the housing supply shortage. We encourage the Administra...
Mortgage Applications Increase in Latest MBA Weekly Survey
Mortgage applications increased 7.0 percent from one week earlier,according to data from the Mortgage Bankers Associatio...
CertifID Partners with Federal Law Enforcement to Issue a Security Advisory on Vacant Property Fraud
“Unfortunately, it’s just the latest evolution of wire fraud that affects title companies, law firms, lender...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

Title Searchers Needed In CT and MA
January 13 2023
Title Searchers needed in Connecticut and Massachusetts for title work. We are looking in all Counties. Have new customer for both states. Please text Sharon Moller, DBA Northeastern Title Services at 239-298-1463 or email moll648@aol.com....[more info]

email
© 2020, Source of Title.