Recording Priority
This trap appears as a wrong-answer choice in 2 active questions. 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 Property2
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.
17833_prayer_garden_deed_signature · REAL_PROPERTY · Choice AThe paper did not state what estate or interest in the garden lot was being transferred.
Why it's attractive
This fact attacks wording about the estate conveyed, not whether Lydia executed the deed.
Why it's wrong
This fact attacks wording about the estate conveyed, not whether Lydia executed the deed.
17833_prayer_garden_deed_signature · REAL_PROPERTY · Choice CBarnabas never filed the paper in the county land records.
Why it's attractive
This fact sounds official but answers later notice/priority, not validity between these two parties.
Why it's wrong
This fact sounds official but answers later notice/priority, not validity between these two parties.
17833_prayer_garden_deed_signature · REAL_PROPERTY · Choice DBarnabas gave Lydia no money or other consideration for the transfer.
Why it's attractive
This fact answers a contract instinct, not the signature requirement for a deed.
Why it's wrong
This fact answers a contract instinct, not the signature requirement for a deed.
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