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Is California a Race State or Race-Notice State? Where can I find the statute? Thank you.

Jasper, AL |
Filed under: Litigation

I am reviewing 2 documents that apparently cover the same tract of land, although the description differs slightly. It appears one was held for recording, while the other one was bought and recorded shortly thereafter. So, I am trying to determine which document is the effective one.

Attorney Answers 1

Posted

California is a race/notice state.

Cal. Civ. Code Sec. 1214:
"Every conveyance of real property or an estate for years
therein, other than a lease for a term not exceeding one year, is
void as against any subsequent purchaser or mortgagee of the same
property, or any part thereof, in good faith and for a valuable
consideration, whose conveyance is first duly recorded, and as
against any judgment affecting the title, unless the conveyance shall
have been duly recorded prior to the record of notice of action."

Disclaimer: Nothing in this answer should be construed as legal advice, nor as creating an attorney-client relatioship. This answer is provided for informational purposes only.

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