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



[+] E & O Question - Wayne /OH (3 replies)
11/2/2011 8:10:17 PM (2980 views)

[+] Jeaz... - Slade Smith/OH (4 replies)
11/2/2011 4:18:56 PM (4739 views)

[+] Lost another one. - Dan Zook/CA (13 replies)
11/2/2011 1:31:09 PM (3392 views)

[+] Interesting Reading - Kevin Ahern/CT (3 replies)
11/1/2011 10:54:12 AM (4602 views)

The Multistate Settlement Lottery: Bupkis - Leigh Attridge/MA
10/31/2011 2:07:55 PM (4072 views)




[+] Comment on "The Abstract Solution Announces Agency Platform" - Source of Title/OH (11 replies)
10/31/2011 9:54:22 AM (2942 views)

Is the jig up for MERS? - Leigh Attridge/MA
10/31/2011 8:27:00 AM (4054 views)

[+] Service1st, Service 1st, Service First, Valuenet - David Marks/VA (1 reply)
10/29/2011 10:31:22 AM (3008 views)

Mortgage regulator, Edward DeMarco, at home with criticism - Leigh Attridge/MA
10/27/2011 8:06:31 AM (3944 views)

[+] Comment on "Another Big County Goes After MERS Back Fees" - Source of Title/OH (1 reply)
10/26/2011 7:00:19 PM (2843 views)

[+] Rasa Solutions - Bridget Marinelli/PA (15 replies)
10/26/2011 10:41:11 AM (3514 views)

Congratulations Are In Order - Patrick Scott/IL
10/25/2011 8:45:54 PM (2343 views)

Surprise on Refi Revamp: Key Regulator Agrees to Reforms - Leigh Attridge/MA
10/25/2011 3:21:38 PM (4066 views)

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

[-] Comment on "Breaking the Tie-- or Not" - Source of Title/OH (10 replies)
10/24/2011 8:01:51 PM (2792 views)
What about the document numbers? - Daniel Silverburg/CA
10/24/2011 8:01:52 PM (3629 views)
CA underwriters - William Pattison /CA
10/24/2011 8:42:38 PM (3553 views)
Re: CA underwriters - Robert Franco/OH
10/24/2011 10:05:29 PM (3582 views)
Re: CA underwriters - Slade Smith/OH
10/25/2011 5:44:23 AM (7302 views)
Re: CA underwriters - William Pattison /CA
10/26/2011 2:17:42 AM (3500 views)
Re: CA underwriters - Slade Smith/OH
10/26/2011 3:21:37 AM (3512 views)
lien priority is your answer - William Pattison /CA
10/26/2011 3:01:26 PM (3680 views)
But L.A. is Different... - Daniel Silverburg/CA
10/31/2011 8:23:32 AM (3450 views)
Re: But L.A. is Different... - Slade Smith/OH
10/31/2011 1:25:11 PM (6047 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 (3377 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:

The Source of Title - Part I: Freedom Written, Freedom Insured
Ben DuBay's Blog
2026/02/15
0 comments

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

Articles

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

Low-Rise Multifamily Shows Strength at End of 2025; Other Segments Weak
“Multifamily developers are somewhat less optimistic than they were at this time last year—except in the mar...
NAR Existing-Home Sales Report Shows 8.4% Decrease in January
"The decrease in sales is disappointing. The below-normal temperatures and above-normal precipitation this January make ...
Mortgage Delinquencies Increase in the Fourth Quarter of 2025
“Mortgage delinquencies increased across all three major loan types – Conventional, FHA, and VA – in t...
Statement of Bob Broeksmit, MBA President and CEO, on Homeownership and the Secondary Mortgage Market
Mortgage Bankers Association (MBA) President and CEO Bob Broeksmit, CMB, testified today at a legislative hearing before...
Mortgage Applications Decrease in Latest MBA Weekly Survey
“Mortgage applications were relatively flat over the week, but it was a mixed bag for the different loan types. Th...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.