Innocent Buyer Always Wins
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
15075_bethany_orchard_race_notice · REAL_PROPERTY · Choice ATimothy, because Lydia's delay in recording means that she is estopped from asserting her priority in time.
Why it's attractive
The statute gives no penalty for mere delay once Lydia records first.
Why it's wrong
The statute gives no penalty for mere delay once Lydia records first.
15075_bethany_orchard_race_notice · REAL_PROPERTY · Choice CLydia, because after the mortgage to Lydia, Martha's deed to Timothy was necessarily subject to that mortgage.
Why it's attractive
The word necessarily overstates priority once a recording act controls.
Why it's wrong
The word necessarily overstates priority once a recording act controls.
15075_bethany_orchard_race_notice · REAL_PROPERTY · Choice DTimothy, because he paid valuable consideration without notice before Lydia recorded her mortgage.
Why it's attractive
Value and no notice are not enough because the statute also says first record.
Why it's wrong
Value and no notice are not enough because the statute also says first record.
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