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



[+] Comment on "The Abstract Solution Announces Agency Platform" - Source of Title/OH (11 replies)
10/31/2011 9:54:22 AM (2923 views)

Is the jig up for MERS? - Leigh Attridge/MA
10/31/2011 8:27:00 AM (4045 views)

[+] Service1st, Service 1st, Service First, Valuenet - David Marks/VA (1 reply)
10/29/2011 10:31:22 AM (3005 views)

Mortgage regulator, Edward DeMarco, at home with criticism - Leigh Attridge/MA
10/27/2011 8:06:31 AM (3941 views)

[+] Comment on "Another Big County Goes After MERS Back Fees" - Source of Title/OH (1 reply)
10/26/2011 7:00:19 PM (2836 views)




[+] Rasa Solutions - Bridget Marinelli/PA (15 replies)
10/26/2011 10:41:11 AM (3511 views)

Congratulations Are In Order - Patrick Scott/IL
10/25/2011 8:45:54 PM (2340 views)

Surprise on Refi Revamp: Key Regulator Agrees to Reforms - Leigh Attridge/MA
10/25/2011 3:21:38 PM (4062 views)

Comment on "NAR: Existing Home Sales Edge Down in September" - Source of Title/OH
10/25/2011 2:24:02 AM (2005 views)

[-] Comment on "Breaking the Tie-- or Not" - Source of Title/OH (10 replies)
10/24/2011 8:01:51 PM (2789 views)
What about the document numbers? - Daniel Silverburg/CA
10/24/2011 8:01:52 PM (3617 views)
CA underwriters - William Pattison /CA
10/24/2011 8:42:38 PM (3538 views)
Re: CA underwriters - Robert Franco/OH
10/24/2011 10:05:29 PM (3572 views)
Re: CA underwriters - Slade Smith/OH
10/25/2011 5:44:23 AM (7292 views)
Re: CA underwriters - William Pattison /CA
10/26/2011 2:17:42 AM (3484 views)
Re: CA underwriters - Slade Smith/OH
10/26/2011 3:21:37 AM (3502 views)
lien priority is your answer - William Pattison /CA
10/26/2011 3:01:26 PM (3661 views)
But L.A. is Different... - Daniel Silverburg/CA
10/31/2011 8:23:32 AM (3439 views)
Re: But L.A. is Different... - Slade Smith/OH
10/31/2011 1:25:11 PM (6028 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 (3366 views)

[+] Applied Tech Resources Doesn't Pay - Kimberly Goode/GA (4 replies)
10/24/2011 12:55:23 PM (3068 views)

[+] another company who does not pay - Anthony BROWNN/VA (4 replies)
10/24/2011 11:35:44 AM (3381 views)

[+] What Are Your Thoughts on This - Kevin Ahern/CT (4 replies)
10/22/2011 8:34:17 AM (3166 views)

[+] Mass Land Records crappy new system - we need feedback - Leigh Attridge/MA (3 replies)
10/21/2011 9:05:29 AM (4309 views)

[+] Error or Lie? - Rebecca Cowart/MS (16 replies)
10/20/2011 5:52:49 PM (3073 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.

Purlin and Final Offer Merge to Create Real Estate's First AI Platform Unifying Real Estate, Mortgage, and Title
Purlin®, the AI platform powering enterprise real estate operations, and Final Offer™, the industry's only co...
Mortgage Applications Decrease in Latest MBA Weekly Survey
“Application volume was down last week, led by a 14 percent drop in purchase applications. Winter Storm Fern likel...
Home Prices Increased in 73% of Metro Areas in Fourth Quarter of 2025
Home prices rose in 73% of metro markets (168 out of 230) during the fourth quarter of 2025, according to the National A...
NAR Opens Applications for 2026 Good Neighbor Awards
“Service is at the heart of what it means to be a REALTOR®,” said NAR President Kevin Brown. “The...
Advocus National Title Insurance Company Announces Expanded Leadership Team to Support National Growth of Attorney-First Underwriting Platform
Advocus National Title Insurance Company (Advocus), an attorney-focused national title insurance underwriter and industr...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.