All of the following are recording-act or notice concepts EXCEPT
Correct Answer
B) Covenant of seisin
Constructive notice and the race and race-notice statutes are all creatures of the recording acts: each decides, from what the record shows and who recorded when, which of two competing claimants prevails. The covenant of seisin is a different animal. It is one of the title warranties a grantor makes inside a warranty deed, promising that the grantor actually owns the estate being conveyed, and it governs the grantor's liability to his own grantee rather than priority between rival purchasers.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Probate is the legal process by which a deceased person's will is validated by the court and their estate is administered, including the transfer of real property to the named beneficiaries or heirs.
A quitclaim deed transfers whatever interest the grantor may have in a property without making any warranties or guarantees about the quality of title. It offers the least protection to the grantee.
Recording is the act of placing a document in the public records at the county recorder's office to give constructive notice to the world of an interest in real property. Recording protects the holder's interest against subsequent claims.
More Transfer Of Property Questions
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When the administrator of an estate sells a parcel:
- → Kevin buys a home in Oakland and takes a CLTA standard coverage owner's policy at closing. Eight months later a contractor who had finished work for the prior owner before the sale records a mechanic's lien against the property. Nothing about that work or the contractor's claim appeared in the public record on the date Kevin's policy was issued. How is Kevin's claim under his policy most likely to be treated?
- → Owner A received a deed to a California property in January 2024 and recorded it that same month. In March 2024 the same grantor deeded the property to Owner B, who paid fair market value, searched no records, and recorded immediately. Under California's race-notice recording statute, which owner prevails?
- → Under California law, what is the consequence when a property buyer fails to file the Preliminary Change of Ownership Report (PCOR) at the time the deed is recorded?
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