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[-] Comment on "Breaking the Tie-- or Not" - Source of Title/OH (10 replies)
10/24/2011 8:01:51 PM (2807 views)
What about the document numbers? - Daniel Silverburg/CA
10/24/2011 8:01:52 PM (3673 views)
CA underwriters - William Pattison /CA
10/24/2011 8:42:38 PM (3577 views)
Re: CA underwriters - Robert Franco/OH
10/24/2011 10:05:29 PM (3606 views)
Re: CA underwriters - Slade Smith/OH
10/25/2011 5:44:23 AM (7334 views)
Re: CA underwriters - William Pattison /CA
10/26/2011 2:17:42 AM (3532 views)
Re: CA underwriters - Slade Smith/OH
10/26/2011 3:21:37 AM (3538 views)
lien priority is your answer - William Pattison /CA
10/26/2011 3:01:26 PM (3701 views)
But L.A. is Different... - Daniel Silverburg/CA
10/31/2011 8:23:32 AM (3491 views)
Re: But L.A. is Different... - Slade Smith/OH
10/31/2011 1:25:11 PM (6076 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. )

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Re: But L.A. is Different... - William Pattison /CA
11/7/2011 8:16:56 AM (3405 views)

[+] Applied Tech Resources Doesn't Pay - Kimberly Goode/GA (4 replies)
10/24/2011 12:55:23 PM (3086 views)

[+] another company who does not pay - Anthony BROWNN/VA (4 replies)
10/24/2011 11:35:44 AM (3408 views)

[+] What Are Your Thoughts on This - Kevin Ahern/CT (4 replies)
10/22/2011 8:34:17 AM (3202 views)

[+] Mass Land Records crappy new system - we need feedback - Leigh Attridge/MA (3 replies)
10/21/2011 9:05:29 AM (4332 views)




[+] Error or Lie? - Rebecca Cowart/MS (16 replies)
10/20/2011 5:52:49 PM (3099 views)

[+] Rush to Drill for Natural Gas Creates Conflicts with Mortgages - Leigh Attridge/MA (5 replies)
10/20/2011 12:28:47 PM (4908 views)

[+] Aracor is Not Paying - Bruce Lutz/PA (3 replies)
10/20/2011 10:46:35 AM (4214 views)

The Sweep-It-Under-the-Rug Housing Plan - Leigh Attridge/MA
10/19/2011 3:19:02 PM (3850 views)

US Century Bank, Florida won TARP loan, now teeters - Leigh Attridge/MA
10/19/2011 12:43:08 PM (4075 views)

[+] Comment on "Bevilacqua v. Rodriguez-- Mass. Buyers out of Foreclosure Get the [Mostly] Bad News" - Source of Title/OH (6 replies)
10/19/2011 11:37:11 AM (3175 views)

[+] Real T Solutions - trish kerns/PA (12 replies)
10/19/2011 10:03:01 AM (3248 views)

[+] Fannie Mae to phase out use of its retained attorney network - CHARLENE  PERRY/MD (2 replies)
10/18/2011 10:58:36 PM (4411 views)

[+] Mass Court rules on Bevilacqua - & it's ugly for good faith purchasers - Leigh Attridge/MA (2 replies)
10/18/2011 7:46:52 PM (4401 views)

[+] Stewart Title bulletin re compliance with Massachusetts REBA v NREIS decision - Leigh Attridge/MA (2 replies)
10/18/2011 1:30:51 PM (5308 views)


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