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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Priority of recording... Posted by Ward-CA- on July 10, 2003 at 9:01 AM In Reply to: deed of trust not recorded... posted by g.castro on July 09, 2003 at 9:20 PM : Ward, I bought a property from a Seller and recorded the grant deed on the hall of records. The Seller "forgot to tell me" that there was another deed of trust that she signed against that property. However that deed of trust was never recorded on the hall of records. The mortgage company screw up and they didn't record it. Question: Can they demand me to pay them for that deed of trust that was not recorded if I am now the owner? =•=•=•=•=•=•=•=•=•=•= Gonzalo, In CA, if you’re a bona fide purchaser for value, all you are charged with knowing about a property is what exists in the County Recorder’s records at the time of recording your purchase deed, and whatever else you were personally aware of at that time. Also, when there’s a contest as to the priority of recorded interests, the first to record is first in right. So if you didn’t know of the “extra” trust deed at the time you recorded your deed, then you can safely ignore that trust deed if it recorded after your grant deed recorded. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : Ward, I bought a property from a Seller and recorded the grant deed on the hall of records. The Seller "forgot to tell me" that there was another deed of trust that she signed against that property. However that deed of trust was never recorded on the hall of records. The mortgage company screw up and they didn't record it. Question: Can they demand me to pay them for that deed of trust that was not recorded if I am now the owner? : =•=•=•=•=•=•=•=•=•=•= : Gonzalo, : In CA, if you’re a bona fide purchaser for value, all you are charged with knowing about a property is what exists in the County Recorder’s records at the time of recording your purchase deed, and whatever else you were personally aware of at that time. : Also, when there’s a contest as to the priority of recorded interests, the first to record is first in right. : So if you didn’t know of the “extra” trust deed at the time you recorded your deed, then you can safely ignore that trust deed if it recorded after your grant deed recorded. 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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