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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] First in time is first in right. Posted by Ward-CA- on April 14, 2003 at 6:37 PM In Reply to: Grant Deed Recording posted by P.R. on April 14, 2003 at 1:40 PM : Ward, : I bought a house, that was in foreclosure, in order to live in the house. I didn't give the owner the option to cancell. : On the same day we signed the agreement, they signed the Grant Deed and I recorded it. 2 days after, i got a call from a guy that claims he signed a purchase agreement about a week before me, and he gave her the 5 days cancelation and she didn't cancel. : He claims that the owner signed a grant deed, before my agreement, but he recorded it 2 days after I recorded my grant deed. I gave the owner money, and the rest is due at the time she will vacant the house. Now she wants to cancel the contract with me and pay me back the amount I paid her. : Legally, since I recorded the grant deed first, do I own the house, or I have to solve the problem with the other guy? : as always, thank you for your assistance, : looking forward to hearing from you : P.R. =•=•=•=•=•=•=•=•=•=•=•= P.R., In CA the law doesn’t require that you give a seller of a residence any cooling off period, or right to cancel, after you have signed and executed the purchase agreement for it, if you intended to move in and occupy the property as your residence. CA is called a race notice jurisdiction, meaning that the party who is entitled to prevail in a recording contest is the party who recorded their interest first. CA feels it serves the public interest best to allow the 1st to record to prevail since it encourages everyone to record as soon as possible, thus resulting in producing a more accurate, up-to-date picture of the public record. P.R., in my humble opinion, you are the legal owner of the property and have no obligation of any kind to the other guy. I don’t doubt that a lot of huff and puff will be expended by the loser and/or the seller to try to threaten you out of your rights, but don’t waver. You may have to hire a real estate attorney. Get a good one who’s not afraid to litigate. If you need some references let us know. Follow Ups: Re: First in time is first in right. SeanW 7:28 PM, 04/14/03 (1) Proof of intent to move... Ward-CA- 9:42 PM, 04/14/03 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : Ward, : : I bought a house, that was in foreclosure, in order to live in the house. I didn't give the owner the option to cancell. : : On the same day we signed the agreement, they signed the Grant Deed and I recorded it. 2 days after, i got a call from a guy that claims he signed a purchase agreement about a week before me, and he gave her the 5 days cancelation and she didn't cancel. : : He claims that the owner signed a grant deed, before my agreement, but he recorded it 2 days after I recorded my grant deed. I gave the owner money, and the rest is due at the time she will vacant the house. Now she wants to cancel the contract with me and pay me back the amount I paid her. : : Legally, since I recorded the grant deed first, do I own the house, or I have to solve the problem with the other guy? : : as always, thank you for your assistance, : : looking forward to hearing from you : : P.R. : =•=•=•=•=•=•=•=•=•=•=•= : P.R., : In CA the law doesn’t require that you give a seller of a residence any cooling off period, or right to cancel, after you have signed and executed the purchase agreement for it, if you intended to move in and occupy the property as your residence. : CA is called a race notice jurisdiction, meaning that the party who is entitled to prevail in a recording contest is the party who recorded their interest first. CA feels it serves the public interest best to allow the 1st to record to prevail since it encourages everyone to record as soon as possible, thus resulting in producing a more accurate, up-to-date picture of the public record. : P.R., in my humble opinion, you are the legal owner of the property and have no obligation of any kind to the other guy. : I don’t doubt that a lot of huff and puff will be expended by the loser and/or the seller to try to threaten you out of your rights, but don’t waver. : You may have to hire a real estate attorney. Get a good one who’s not afraid to litigate. If you need some references let us know. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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