Real Property: The Recording System

The Case of the dirty double dealer:
  • conveys Blackacre to A. Later O conveys Blackacre, the same parcel, to B. O, our double dealer, has skipped town. In the battle of A vs. B for Blackacre, who wins?
  • Two brightline rules:
    • If B is a BONA FIDE PURCHASER, and we are in a NOTICE jurisdiction, B wins, regardless of whether she records before A does.
    • If B is a BONA FIDE PURCHASER, and we are in a race-notice jurisdiction, B wins if she records properly before A does.