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[-] race notice states? - monica froese (10 replies)
4/20/2004 7:07:38 PM (2429 views)
Re: race notice states? - Scott Perry
4/20/2004 8:51:10 PM (3512 views)
Re: race notice states? - monica froese
4/20/2004 11:15:35 PM (3452 views)
Re: race notice states? - Loretta Reed
4/20/2004 11:01:02 PM (3399 views)
Re: race notice states? - Jay Duncan
4/20/2004 11:23:51 PM (3439 views)
Re: race notice states? - Smitty Strickland
4/21/2004 6:56:07 AM (3427 views)
Re: race notice states? - Jacqueline Costa
4/21/2004 6:58:24 AM (3506 views)
Re: race notice states? - Judy Nisonger
4/21/2004 4:11:25 PM (3254 views)
Re: race notice states? - monica froese
4/21/2004 6:15:40 PM (3425 views)
Re: race notice states? - Douglas Gallant
4/21/2004 5:59:10 PM (3494 views)

I believe it is the same throughout the United States, notice of interest is based on time, with some exceptions. Many states, Ohio included give priority to a mechanics lien based on the date of last service performed in determining priority, rather than the actual filing time.
I pulled the following out of Am Law of Prop, "Except as provided by the recording laws, priority is governed by the following rules. Legal interests have priority of right between themselves strictly according to priority of time. Between a legal and an equitable interest the legal one has priority if acquired for value without notice of the equity. Between equal equitable interests the earlier will prevail, although a later but greater equity is preferred." Also you have to consider constructive notice, actual notice is best, but not always the final determinate. Again from Am Law of Prop, "Constructive notice is also said to include the knowledge imputed to a person who knows fact sufficient to put him on inquiry and to require him to make an investigation which would disclose the unrecorded rights; this form of notice is sometimes treated as actual notice." So yea, be careful of filing times to avoid any later involvement regarding constructive notice. Years back here in Columbus, a fellow sold his house for cash to two different buyers. They were in line together in the Auditors office to transfer their deeds. The first one in line was sent to the Engineers office to have the legal verified, the second fellow was in a different line, and that Auditors employee passed on the legal without the engineers approval, so the second guy in line got to the recorders office ten minutes or so before the first. Big mess, I wish I could say I knew the details of how it was worked out, but they settled it privately. Doug

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Re: race notice states? - Judy Nisonger
4/21/2004 9:56:23 PM (3426 views)

[+] points of entry? - monica froese (1 reply)
4/20/2004 5:23:37 PM (1891 views)

[+] Has anyone had any dealings with Ameristar? - Phyllis Agan (6 replies)
4/20/2004 10:21:16 AM (1902 views)

[+] FYI: TIAC E&O - Judy Nisonger (3 replies)
4/20/2004 10:14:55 AM (1846 views)

[+] Settlement People In Hampton Roads Question - George (15 replies)
4/19/2004 7:09:33 PM (1935 views)




[+] Trans Union Settlement Solutions - Douglas Johnson (7 replies)
4/19/2004 6:17:42 PM (1928 views)

[+] itz@evvtitles.com - monica froese (2 replies)
4/19/2004 5:12:12 PM (1845 views)

[+] Automated Title Exams as one co. claims!! - Len Page (4 replies)
4/19/2004 3:52:38 PM (1832 views)

[+] Has anyone had dealings with US Title Search - Len Page (5 replies)
4/16/2004 8:03:08 PM (2005 views)

[+] Bill Elliott - Peter Bodonyi (9 replies)
4/16/2004 11:48:18 AM (2093 views)

[+] The Conference - Bill Elliott (3 replies)
4/16/2004 9:12:32 AM (1708 views)

[+] DELTA DOCUMENT SERVICE DESERVES APPLAUSE - Jan Forster (9 replies)
4/15/2004 1:23:24 AM (1997 views)

[+] can of worms continued... - monica froese (3 replies)
4/14/2004 5:18:48 PM (1775 views)

robert, maybe you can check into a surveyor being present, as well ,at conference? - monica froese
4/13/2004 6:50:28 PM (1323 views)

[+] PARTIAL PAYMENTS - CLEOFI BLASS (10 replies)
4/13/2004 4:58:25 PM (1803 views)


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