Party "A" owns 3.5 AC.
He deeds 3.5 with warranty deed to party "B". 5 yrs ago. Party "B" fails to record deed.
Fast Foreward to today.
Party "A" deeds 3.5 AC to party "C" with Quitclaim.
Party "C" records his deed.
Arkansas is a "race to the courthouse" state.
Can Party "B" come back, and take land from "C"?
Does "C" have good title, (assuming no other actions were performed by party "A" to cloud the title?
Maybe ddsm could weigh in here.
Thank you!
N
I'm going to guess that B can't get the land from C, but he has a good case for damages from A based on the warranty deed.
Now let's see what the experts say.
First to record, first to notify public and establish title.
Party A has committed a crime and owes somebody a refund and may goto jail considering how influencing the defender is and how experienced the DA is.
Can only sell the farm once.
With the deed to C being a QCD, it seems that A disclosed that he may or may not have actual title anymore.
Did B take actual possession of the land??ÿ If not, has C taken actual possession of the land?
Was A paid for the land by B then again by C?
With the deed to C being a QCD, it seems that A disclosed that he may or may not have actual title anymore.
Did B take actual possession of the land??ÿ If not, has C taken actual possession of the land?
Was A paid for the land by B then again by C?
B never took possession. C took possession. It it not known if b ever paid for land. It's heresy, that b got a deed.
With the deed to C being a QCD, it seems that A disclosed that he may or may not have actual title anymore.
Did B take actual possession of the land??ÿ If not, has C taken actual possession of the land?
Was A paid for the land by B then again by C?
B never took possession. C took possession. It it not known if b ever paid for land. It's heresy, that b got a deed.
Is C a bonafide purchaser for value without notice?
Property law is very complex.
Arkansas' race notice statute reads a lot like Oregon's:
14-15-404. Effect of recording instruments affecting title to property.
(b)?ÿNo deed, bond, or instrument of writing for the conveyance of any real estate..... shall be good or valid against a subsequent purchaser of the real estate for a valuable consideration ...... unless the deed ..... is filed for record in the ....... county where the real estate is situated.
I'd say the B is out of luck, except that if he paid A anything he might be able to get his money back.
Is C a bonafide purchaser for value without notice?
Property law is very complex.
Yes, C is a bona fide purchaser. Receipts.
Nate
It's heresy, that b got a deed.
Heresy, indeed. Probably you mean hearsay?
Hearsay! Heresy indeed!
Spell check gott me!
I am far from an expert in property law but I would think B has superior title since C received only a quitclaim Deed. B needs to produce the actual Deed, hearsay is insufficient.
Although recorded the Quitclaim Deed is ineffective since A had no title to grant.
I usually resist the temptation to play lawyer -- this is a legal question for a lawyer and not a question for a surveyor, but I've failed to resist: recording provides constructive notice, but the real question is whether C had ACTUAL notice of the deed to B, in which case I think B will prevail. I'm nit-picking here only because I know of a case here in Maine where someone in C's position had actual notice of the deed to B and thus lost out to B. In Maine, C went to A and finagled him into giving C a deed, knowing that B had not recorded, and thinking he was pulling a fast one on B, and being unaware of the niceties of the laws around notice. Turns out the C of Maine was actually a land surveyor (which had little to do with his squabble with B) and was a well-known incompetent and a crook, who got what he deserved (which was not B's land).
One of my concerns is that A may backdate a warranty deed, and give it to any "B", and use it to sell land 2x. Real long shot. But they have enough malice to pull such a stunt.
After C pays tax, and has possession of it, and time passes, it will become very hard, but the 1st person to the courthouse, has to count for some score in this. I think.
N
Maybe C should buy title ins.
N
