Any Claimant Can Invoke Recording Act
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
15050_bfp-judgment-lien-vineyard · REAL_PROPERTY · Choice ALydia, because the creditor's judgment was obtained before Peter recorded the deed from Naomi.
Why it's attractive
The recording act protects 'subsequent purchasers for value and without notice.' A judgment creditor is not a purchaser for value. This choice incorrectly assumes the recording act applies to the creditor.
Why it's wrong
The recording act protects 'subsequent purchasers for value and without notice.' A judgment creditor is not a purchaser for value. This choice incorrectly assumes the recording act applies to the creditor.
15050_bfp-judgment-lien-vineyard · REAL_PROPERTY · Choice BLydia, because even though Naomi's deed to Peter prevented the creditor's judgment from being a lien on the vineyard, the creditor's filed judgment poses a threat of litigation.
Why it's attractive
The judgment lien statute covers property 'then owned or subsequently acquired' by the debtor. Naomi no longer owned the vineyard when the judgment was filed. There is no lien, no cloud on title, and no threat of litigation.
Why it's wrong
The judgment lien statute covers property 'then owned or subsequently acquired' by the debtor. Naomi no longer owned the vineyard when the judgment was filed. There is no lien, no cloud on title, and no threat of litigation.
15050_bfp-judgment-lien-vineyard · REAL_PROPERTY · Choice DPeter, because he recorded his deed before the creditor filed the judgment.
Why it's attractive
Under a notice statute, recording first does not determine priority — BFP status does. The creditor is not a BFP regardless of recording order. The correct reason Peter wins is that title passed by delivery before the lien was filed.
Why it's wrong
Under a notice statute, recording first does not determine priority — BFP status does. The creditor is not a BFP regardless of recording order. The correct reason Peter wins is that title passed by delivery before the lien was filed.
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