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[+] Doing Business with "County Court Retrievers" - Douglas Johnson (12 replies)
4/28/2004 4:07:28 PM (2279 views)

[+] cancelled orders - monica froese (6 replies)
4/28/2004 10:55:00 AM (2024 views)

[+] reasonable rates - Stephanie Hoover (9 replies)
4/28/2004 7:55:28 AM (2074 views)

[+] ATM Corporation - PAUL SCHAFER (11 replies)
4/27/2004 9:42:44 PM (2164 views)

TO ALL INTERESTED IN ABSTRACTOR CONFERENCE 2004 - Scott Perry
4/27/2004 9:01:18 PM (1738 views)




[+] US Title Search Inc? Disconnected? - Len Page (5 replies)
4/26/2004 2:27:12 PM (2085 views)

[+] Do not compete form... - Loretta Reed (15 replies)
4/26/2004 7:50:36 AM (2106 views)

[+] National Notary Association... - Loretta Reed (6 replies)
4/26/2004 7:42:32 AM (1966 views)

[+] Abstractor Course Warning - Judy Nisonger (15 replies)
4/24/2004 4:48:28 PM (2419 views)

[+] Chat Room? - Jay Duncan (3 replies)
4/23/2004 8:44:45 AM (1815 views)

[+] border crossing, and how much i dont know - monica froese (1 reply)
4/22/2004 6:36:04 PM (1884 views)

[+] Flips - WT & S Title, LLC WT & S (2 replies)
4/22/2004 1:17:30 PM (2083 views)

[+] The Only One? - Teresa Beeman (9 replies)
4/22/2004 12:45:54 PM (2025 views)

[+] Nationwide Doc Prep Inc - Loretta Reed (4 replies)
4/22/2004 12:11:11 PM (2934 views)

[-] race notice states? - monica froese (10 replies)
4/20/2004 7:07:38 PM (2514 views)
Re: race notice states? - Scott Perry
4/20/2004 8:51:10 PM (3756 views)
Re: race notice states? - monica froese
4/20/2004 11:15:35 PM (3662 views)
Re: race notice states? - Loretta Reed
4/20/2004 11:01:02 PM (3629 views)
Re: race notice states? - Jay Duncan
4/20/2004 11:23:51 PM (3641 views)
Re: race notice states? - Smitty Strickland
4/21/2004 6:56:07 AM (3629 views)
Re: race notice states? - Jacqueline Costa
4/21/2004 6:58:24 AM (3729 views)
Re: race notice states? - Judy Nisonger
4/21/2004 4:11:25 PM (3461 views)
Re: race notice states? - monica froese
4/21/2004 6:15:40 PM (3715 views)
Re: race notice states? - Douglas Gallant
4/21/2004 5:59:10 PM (3725 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 (3666 views)


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