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



[+] Service1st, Service 1st, Service First, Valuenet - David Marks/VA (1 reply)
10/29/2011 10:31:22 AM (2980 views)

Mortgage regulator, Edward DeMarco, at home with criticism - Leigh Attridge/MA
10/27/2011 8:06:31 AM (3928 views)

[+] Comment on "Another Big County Goes After MERS Back Fees" - Source of Title/OH (1 reply)
10/26/2011 7:00:19 PM (2822 views)

[+] Rasa Solutions - Bridget Marinelli/PA (15 replies)
10/26/2011 10:41:11 AM (3490 views)

Congratulations Are In Order - Patrick Scott/IL
10/25/2011 8:45:54 PM (2334 views)


Real Title Services


Surprise on Refi Revamp: Key Regulator Agrees to Reforms - Leigh Attridge/MA
10/25/2011 3:21:38 PM (4047 views)

Comment on "NAR: Existing Home Sales Edge Down in September" - Source of Title/OH
10/25/2011 2:24:02 AM (1997 views)

[-] Comment on "Breaking the Tie-- or Not" - Source of Title/OH (10 replies)
10/24/2011 8:01:51 PM (2774 views)
What about the document numbers? - Daniel Silverburg/CA
10/24/2011 8:01:52 PM (3584 views)
CA underwriters - William Pattison /CA
10/24/2011 8:42:38 PM (3504 views)
Re: CA underwriters - Robert Franco/OH
10/24/2011 10:05:29 PM (3552 views)
Re: CA underwriters - Slade Smith/OH
10/25/2011 5:44:23 AM (7259 views)
Re: CA underwriters - William Pattison /CA
10/26/2011 2:17:42 AM (3454 views)
Re: CA underwriters - Slade Smith/OH
10/26/2011 3:21:37 AM (3464 views)
lien priority is your answer - William Pattison /CA
10/26/2011 3:01:26 PM (3625 views)
But L.A. is Different... - Daniel Silverburg/CA
10/31/2011 8:23:32 AM (3406 views)
Re: But L.A. is Different... - Slade Smith/OH
10/31/2011 1:25:11 PM (5992 views)

It's case # B226061, Court of Appeals of California, Second District, Division Three. The decision can be read here.

The court was obviously cognizant of your reasoning why indexing could not possibly be a determinant of priority, saying, "it would disrupt the statutory scheme to make priority turn on the random act of indexing, as defendant advocates, especially where banks and title insurers have no influence over when the recorder indexes trust deeds."

There's nothing in the decision regarding L.A. county's system for detecting conflicts or producing a fallout report like you described, and so there's nothing in the decision regarding how all these mortgages went undetected.  Perhaps the pleadings in the case shed some light on that, and if you should happen to get your hands on them, I'd be interested to learn what you find out.

One thing that I suspect is that the plaintiff argued that the index timestamp mattered because that was the only criteria that was in their favor.  The decision doesn't say anything about document numbering being a factor in determining priority, but I suspect that's simply because that wasn't the plaintiffs argument.  The decision implies that there can be other factors beyond the recording timestamp which determine priority. (The ruling says that "Other things being equal, different liens upon the same property have priority according to the time of their creation".  I take that to mean, then, that if relevant other things are not equal in a case where the time of creation is equal, then the liens would not have the same priority. )

to post a reply: login - or - register


Re: But L.A. is Different... - William Pattison /CA
11/7/2011 8:16:56 AM (3325 views)

[+] Applied Tech Resources Doesn't Pay - Kimberly Goode/GA (4 replies)
10/24/2011 12:55:23 PM (3050 views)

[+] another company who does not pay - Anthony BROWNN/VA (4 replies)
10/24/2011 11:35:44 AM (3357 views)

[+] What Are Your Thoughts on This - Kevin Ahern/CT (4 replies)
10/22/2011 8:34:17 AM (3142 views)

[+] Mass Land Records crappy new system - we need feedback - Leigh Attridge/MA (3 replies)
10/21/2011 9:05:29 AM (4291 views)

[+] Error or Lie? - Rebecca Cowart/MS (16 replies)
10/20/2011 5:52:49 PM (3050 views)

[+] Rush to Drill for Natural Gas Creates Conflicts with Mortgages - Leigh Attridge/MA (5 replies)
10/20/2011 12:28:47 PM (4850 views)

[+] Aracor is Not Paying - Bruce Lutz/PA (3 replies)
10/20/2011 10:46:35 AM (4165 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 8961 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:

Shared Driveway Agreements
Marissa Berends's Blog
2025/12/10
0 comments

Explain It Like I’m 5: FIRPTA Edition
Marissa Berends's Blog
2025/12/03
0 comments

Home buyers are more active this fall.....
Michael Stelzer's Blog
2025/11/27
0 comments

Articles

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

Mortgage Applications Increase in Latest MBA Weekly Survey
“Mortgage rates dropped lower last week following the announcement of increased MBS purchases by the GSEs. Lower r...
NAR Existing-Home Sales Report Shows 5.1% Increase in December
"2025 was another tough year for homebuyers, marked by record-high home prices and historically low home sales,” s...
December Jobs Report Commentary from MBA's Mike Fratantoni
“The pace of employment growth slowed in December to 50,000, in line with the average pace of 49,000 for all of 20...
MISMO Publishes SMART Doc V3 Power of Attorney Specification
“The new SMART Doc V3 Power of Attorney Specification extends the benefits of verifiable, tamper-evident data to a...
Mortgage Applications Decreased Over a Two-Week Period in Latest MBA Weekly Survey
“Mortgage rates started the New Year with a decline to 6.25 percent, the lowest level since September 2024. Refina...

Search Articles:
browse...

Classifieds

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

Looking for Abstractors in SD 12/27
December 27 2025
Hello, I have the following orders in SD in the following counties: Buffalo(3), Charles Mix(1),Codington(1), Dewey(9), Lyman(1) Oglala Lokota(4), Pennington(1), Roberts(4), and Todd(2). This is a total of 26 orders. I am doing consistent business inn...[more info]

email
© 2020, Source of Title.