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[+] E & O Question - Wayne /OH (3 replies)
11/2/2011 8:10:17 PM (3076 views)

[+] Jeaz... - Slade Smith/OH (4 replies)
11/2/2011 4:18:56 PM (4893 views)

[+] Lost another one. - Dan Zook/CA (13 replies)
11/2/2011 1:31:09 PM (3564 views)

[+] Interesting Reading - Kevin Ahern/CT (3 replies)
11/1/2011 10:54:12 AM (4743 views)

The Multistate Settlement Lottery: Bupkis - Leigh Attridge/MA
10/31/2011 2:07:55 PM (4210 views)




[+] Comment on "The Abstract Solution Announces Agency Platform" - Source of Title/OH (11 replies)
10/31/2011 9:54:22 AM (3087 views)

Is the jig up for MERS? - Leigh Attridge/MA
10/31/2011 8:27:00 AM (4200 views)

[+] Service1st, Service 1st, Service First, Valuenet - David Marks/VA (1 reply)
10/29/2011 10:31:22 AM (3125 views)

Mortgage regulator, Edward DeMarco, at home with criticism - Leigh Attridge/MA
10/27/2011 8:06:31 AM (4083 views)

[+] Comment on "Another Big County Goes After MERS Back Fees" - Source of Title/OH (1 reply)
10/26/2011 7:00:19 PM (2961 views)

[+] Rasa Solutions - Bridget Marinelli/PA (15 replies)
10/26/2011 10:41:11 AM (3625 views)

Congratulations Are In Order - Patrick Scott/IL
10/25/2011 8:45:54 PM (2442 views)

Surprise on Refi Revamp: Key Regulator Agrees to Reforms - Leigh Attridge/MA
10/25/2011 3:21:38 PM (4184 views)

Comment on "NAR: Existing Home Sales Edge Down in September" - Source of Title/OH
10/25/2011 2:24:02 AM (2114 views)

[-] Comment on "Breaking the Tie-- or Not" - Source of Title/OH (10 replies)
10/24/2011 8:01:51 PM (2903 views)
What about the document numbers? - Daniel Silverburg/CA
10/24/2011 8:01:52 PM (3986 views)
CA underwriters - William Pattison /CA
10/24/2011 8:42:38 PM (3919 views)
Re: CA underwriters - Robert Franco/OH
10/24/2011 10:05:29 PM (3920 views)
Re: CA underwriters - Slade Smith/OH
10/25/2011 5:44:23 AM (7696 views)
Re: CA underwriters - William Pattison /CA
10/26/2011 2:17:42 AM (3859 views)
Re: CA underwriters - Slade Smith/OH
10/26/2011 3:21:37 AM (3877 views)
lien priority is your answer - William Pattison /CA
10/26/2011 3:01:26 PM (4029 views)
But L.A. is Different... - Daniel Silverburg/CA
10/31/2011 8:23:32 AM (3799 views)
Re: But L.A. is Different... - Slade Smith/OH
10/31/2011 1:25:11 PM (6432 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 (3769 views)


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