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Congratulations Are In Order - Patrick Scott/IL
10/25/2011 8:45:54 PM (2295 views)

Surprise on Refi Revamp: Key Regulator Agrees to Reforms - Leigh Attridge/MA
10/25/2011 3:21:38 PM (4008 views)

Comment on "NAR: Existing Home Sales Edge Down in September" - Source of Title/OH
10/25/2011 2:24:02 AM (1968 views)

[-] Comment on "Breaking the Tie-- or Not" - Source of Title/OH (10 replies)
10/24/2011 8:01:51 PM (2723 views)
What about the document numbers? - Daniel Silverburg/CA
10/24/2011 8:01:52 PM (3418 views)
CA underwriters - William Pattison /CA
10/24/2011 8:42:38 PM (3351 views)
Re: CA underwriters - Robert Franco/OH
10/24/2011 10:05:29 PM (3384 views)
Re: CA underwriters - Slade Smith/OH
10/25/2011 5:44:23 AM (7091 views)
Re: CA underwriters - William Pattison /CA
10/26/2011 2:17:42 AM (3297 views)
Re: CA underwriters - Slade Smith/OH
10/26/2011 3:21:37 AM (3295 views)
lien priority is your answer - William Pattison /CA
10/26/2011 3:01:26 PM (3466 views)
But L.A. is Different... - Daniel Silverburg/CA
10/31/2011 8:23:32 AM (3259 views)
Re: But L.A. is Different... - Slade Smith/OH
10/31/2011 1:25:11 PM (5829 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 (3168 views)

[+] Applied Tech Resources Doesn't Pay - Kimberly Goode/GA (4 replies)
10/24/2011 12:55:23 PM (2978 views)


Real Title Services


[+] another company who does not pay - Anthony BROWNN/VA (4 replies)
10/24/2011 11:35:44 AM (3265 views)

[+] What Are Your Thoughts on This - Kevin Ahern/CT (4 replies)
10/22/2011 8:34:17 AM (3050 views)

[+] Mass Land Records crappy new system - we need feedback - Leigh Attridge/MA (3 replies)
10/21/2011 9:05:29 AM (4239 views)

[+] Error or Lie? - Rebecca Cowart/MS (16 replies)
10/20/2011 5:52:49 PM (3005 views)

[+] Rush to Drill for Natural Gas Creates Conflicts with Mortgages - Leigh Attridge/MA (5 replies)
10/20/2011 12:28:47 PM (4788 views)

[+] Aracor is Not Paying - Bruce Lutz/PA (3 replies)
10/20/2011 10:46:35 AM (4124 views)

The Sweep-It-Under-the-Rug Housing Plan - Leigh Attridge/MA
10/19/2011 3:19:02 PM (3769 views)

US Century Bank, Florida won TARP loan, now teeters - Leigh Attridge/MA
10/19/2011 12:43:08 PM (3984 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 (3081 views)

[+] Real T Solutions - trish kerns/PA (12 replies)
10/19/2011 10:03:01 AM (3151 views)


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