Race to Record! - Posted by Natalie-VA

Posted by eric on March 24, 2005 at 09:21:54:

It depends on the type of recording statute your state has. Very few states these days have “race” statutes. Most are either “notice” or “race-notice”. The analysis is different for each.

Race to Record! - Posted by Natalie-VA

Posted by Natalie-VA on March 24, 2005 at 08:56:49:

I always hear about investors getting signed deeds to real property and then not getting the deeds recorded.

So, what if I deed my house to Buyer #1 today, and he just sits on his deed without recording it.

Then, I deed my property to Buyer #2 next week. He records his deed immediately.

Who owns the property? Is the answer state specific?

I’ve heard that Buyer #1 got his deed first and he will own it regardless of when it’s recorded. I’ve also heard that buyer #2 is the owner if you live in a “race to record” state.