Real Title Services
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



Mortgage regulator, Edward DeMarco, at home with criticism - Leigh Attridge/MA
10/27/2011 8:06:31 AM (4135 views)

[+] Comment on "Another Big County Goes After MERS Back Fees" - Source of Title/OH (1 reply)
10/26/2011 7:00:19 PM (2997 views)

[+] Rasa Solutions - Bridget Marinelli/PA (15 replies)
10/26/2011 10:41:11 AM (3676 views)

Congratulations Are In Order - Patrick Scott/IL
10/25/2011 8:45:54 PM (2498 views)

Surprise on Refi Revamp: Key Regulator Agrees to Reforms - Leigh Attridge/MA
10/25/2011 3:21:38 PM (4247 views)




Comment on "NAR: Existing Home Sales Edge Down in September" - Source of Title/OH
10/25/2011 2:24:02 AM (2182 views)

[-] Comment on "Breaking the Tie-- or Not" - Source of Title/OH (10 replies)
10/24/2011 8:01:51 PM (2995 views)
What about the document numbers? - Daniel Silverburg/CA
10/24/2011 8:01:52 PM (4238 views)
CA underwriters - William Pattison /CA
10/24/2011 8:42:38 PM (4175 views)
Re: CA underwriters - Robert Franco/OH
10/24/2011 10:05:29 PM (4161 views)
Re: CA underwriters - Slade Smith/OH
10/25/2011 5:44:23 AM (7956 views)
Re: CA underwriters - William Pattison /CA
10/26/2011 2:17:42 AM (4108 views)
Re: CA underwriters - Slade Smith/OH
10/26/2011 3:21:37 AM (4137 views)
lien priority is your answer - William Pattison /CA
10/26/2011 3:01:26 PM (4292 views)
But L.A. is Different... - Daniel Silverburg/CA
10/31/2011 8:23:32 AM (4045 views)
Re: But L.A. is Different... - Slade Smith/OH
10/31/2011 1:25:11 PM (6692 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 (4054 views)

[+] Applied Tech Resources Doesn't Pay - Kimberly Goode/GA (4 replies)
10/24/2011 12:55:23 PM (3290 views)

[+] another company who does not pay - Anthony BROWNN/VA (4 replies)
10/24/2011 11:35:44 AM (3609 views)

[+] What Are Your Thoughts on This - Kevin Ahern/CT (4 replies)
10/22/2011 8:34:17 AM (3403 views)

[+] Mass Land Records crappy new system - we need feedback - Leigh Attridge/MA (3 replies)
10/21/2011 9:05:29 AM (4540 views)

[+] Error or Lie? - Rebecca Cowart/MS (16 replies)
10/20/2011 5:52:49 PM (3290 views)

[+] Rush to Drill for Natural Gas Creates Conflicts with Mortgages - Leigh Attridge/MA (5 replies)
10/20/2011 12:28:47 PM (5142 views)

[+] Aracor is Not Paying - Bruce Lutz/PA (3 replies)
10/20/2011 10:46:35 AM (4385 views)

The Sweep-It-Under-the-Rug Housing Plan - Leigh Attridge/MA
10/19/2011 3:19:02 PM (4073 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 8977 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:

Practical Obscurity, Revisited
Blurbs from the Bossman
2026/08/06
0 comments

Beneath Every Closing Lies a Story
Michael Stelzer's Blog
2026/07/18
0 comments

Residential Appraisers: Reclaim Your Time
Will Duncan 's Blog
2026/07/09
0 comments

Articles

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

Nearly Two-Thirds of REALTORS® Volunteer Monthly, New NAR Report Finds
“REALTORS® and their associations serve as pillars of their communities through their time, dollars and dedic...
Mortgage Applications Decrease in Latest MBA Weekly Survey
“Mortgage rates reached their highest level in three weeks, with the 30-year fixed rate up slightly to 6.78 percen...
ALTA and AARP Applaud Arizona Attorney General Kris Mayes for Action Against MV Realty
“Homeowners should have the freedom to make decisions about their property without long-term agreements creating b...
Economic Uncertainty, Affordability Challenges Weigh on New Home Sales
“The single-family home building market is on track for a second consecutive annual decline in 2026,” said N...
MISMO Launches Two New AI Governance Certifications at Fall Summit
“AI is moving quickly into mortgage workflows, and organizations need practical ways to understand and manage the ...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.