Bfp Always Wins Under 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
15074_forged-deed-church-parcel · REAL_PROPERTY · Choice ALydia, because the credit union was negligent in failing to verify the recorded release before the sale.
Why it's attractive
The recording act imposes duties on purchasers searching the record, not on lenders monitoring it. This choice invents a negligence duty that doesn't exist.
Why it's wrong
The recording act imposes duties on purchasers searching the record, not on lenders monitoring it. This choice invents a negligence duty that doesn't exist.
15074_forged-deed-church-parcel · REAL_PROPERTY · Choice BLydia, because she was entitled to rely on the recorded release.
Why it's attractive
The recording act protects BFPs against unrecorded interests. But a forged/altered instrument is void ab initio — it's not 'unrecorded,' it's a legal nullity. Recording a void instrument doesn't give it life.
Why it's wrong
The recording act protects BFPs against unrecorded interests. But a forged/altered instrument is void ab initio — it's not 'unrecorded,' it's a legal nullity. Recording a void instrument doesn't give it life.
15074_forged-deed-church-parcel · REAL_PROPERTY · Choice Dthe credit union, because Lydia could have discovered the alteration by reasonable inquiry.
Why it's attractive
Constructive notice means searching the record, not investigating whether each recorded instrument is genuine. Imposing a duty to inspect for forgery would destroy the recording system.
Why it's wrong
Constructive notice means searching the record, not investigating whether each recorded instrument is genuine. Imposing a duty to inspect for forgery would destroy the recording system.
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