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 (3906 views)

[+] Comment on "Another Big County Goes After MERS Back Fees" - Source of Title/OH (1 reply)
10/26/2011 7:00:19 PM (2799 views)

[+] Rasa Solutions - Bridget Marinelli/PA (15 replies)
10/26/2011 10:41:11 AM (3466 views)

Congratulations Are In Order - Patrick Scott/IL
10/25/2011 8:45:54 PM (2315 views)

Surprise on Refi Revamp: Key Regulator Agrees to Reforms - Leigh Attridge/MA
10/25/2011 3:21:38 PM (4032 views)


Real Title Services


Comment on "NAR: Existing Home Sales Edge Down in September" - Source of Title/OH
10/25/2011 2:24:02 AM (1983 views)

[-] Comment on "Breaking the Tie-- or Not" - Source of Title/OH (10 replies)
10/24/2011 8:01:51 PM (2747 views)
What about the document numbers? - Daniel Silverburg/CA
10/24/2011 8:01:52 PM (3509 views)
CA underwriters - William Pattison /CA
10/24/2011 8:42:38 PM (3421 views)
Re: CA underwriters - Robert Franco/OH
10/24/2011 10:05:29 PM (3459 views)
Re: CA underwriters - Slade Smith/OH
10/25/2011 5:44:23 AM (7179 views)
Re: CA underwriters - William Pattison /CA
10/26/2011 2:17:42 AM (3385 views)
Re: CA underwriters - Slade Smith/OH
10/26/2011 3:21:37 AM (3377 views)
lien priority is your answer - William Pattison /CA
10/26/2011 3:01:26 PM (3539 views)
But L.A. is Different... - Daniel Silverburg/CA
10/31/2011 8:23:32 AM (3338 views)
Re: But L.A. is Different... - Slade Smith/OH
10/31/2011 1:25:11 PM (5918 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 (3241 views)

[+] Applied Tech Resources Doesn't Pay - Kimberly Goode/GA (4 replies)
10/24/2011 12:55:23 PM (3009 views)

[+] another company who does not pay - Anthony BROWNN/VA (4 replies)
10/24/2011 11:35:44 AM (3316 views)

[+] What Are Your Thoughts on This - Kevin Ahern/CT (4 replies)
10/22/2011 8:34:17 AM (3099 views)

[+] Mass Land Records crappy new system - we need feedback - Leigh Attridge/MA (3 replies)
10/21/2011 9:05:29 AM (4269 views)

[+] Error or Lie? - Rebecca Cowart/MS (16 replies)
10/20/2011 5:52:49 PM (3029 views)

[+] Rush to Drill for Natural Gas Creates Conflicts with Mortgages - Leigh Attridge/MA (5 replies)
10/20/2011 12:28:47 PM (4823 views)

[+] Aracor is Not Paying - Bruce Lutz/PA (3 replies)
10/20/2011 10:46:35 AM (4147 views)

The Sweep-It-Under-the-Rug Housing Plan - Leigh Attridge/MA
10/19/2011 3:19:02 PM (3796 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.

MBA Statement on President Donald Trump's Executive Order on AI
“Technology does not stop at a state border. We believe strongly that a unified federal approach is necessary to a...
Settlor Unveils Integration with DataTrace®
Settlor, an independent national provider of title and settlement services technology, has unveiled an integration with ...
Mortgage Applications Increase in Latest MBA Weekly Survey
“Compared to the prior week’s data, which included an adjustment for the Thanksgiving holiday, mortgage appl...
FirstClose Integrates Stewart Home Equity Solutions into OMS to Streamline Lender Workflows
Stewart’s addition to FirstClose OMS provides lenders with data, property reports, title insurance, and an E&O Pol...
National Association of REALTORS® Unveils Top 10 Homebuying Hot Spots for 2026
"Lower mortgage rates and larger inventory will attract buyers back to the market in 2026," said NAR Chief Economist Law...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.