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A Notice on Title serves as notice to anyone searching the title of a property that the property in question may be in breach of local government bylaws or regulations.
Notice acts: About half the states have recording statutes called notice acts, which protect a later purchaser of an interest if she didn't have notice of the prior interest, whether through actual notice, by means of the public records, or otherwise.
Notice statutes Under a notice statute, a subsequent purchaser for value wins if, at the time of conveyance, that subsequent purchaser had no actual or constructive notice of the prior conveyance. In short, a subsequent bona fide purchaser wins.
Notice Jurisdiction: A jurisdiction whose rule allows a subsequent bona fide purchaser to prevail over an earlier purchaser if the earlier purchaser's deed was not recorded and the subsequent purchaser did not know of the earlier transfer.
Definition. A law that establishes the requirements for recording a deed or other property interest and the priorities of competing claims against the same property.
States that follow the Race-Notice statute: Alaska, Arkansas, California, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Jersey, New York, North Dakota, Ohio (regarding mortgages, OH follows the Race statute), Oregon, ...
States that follow the Race-Notice statute: Alaska, Arkansas, California, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Jersey, New York, North Dakota, Ohio (regarding mortgages, OH follows the Race statute), Oregon, ...
And since Wisconsin is a race-notice state, timely recording of real estate documents is good practice to protect against the claims of subsequent purchasers, mortgagees, and lien holders.
Race/notice statutes Under a race/notice statute, a subsequent purchaser for value wins if (1) at the time of conveyance, that subsequent purchaser had no actual or constructive notice of the prior conveyance, and (2) the subsequent purchaser records before the prior purchaser.
Wyoming has a race-notice recording statute. A later buyer, who pays fair value and does not have notice of any other conflicting interests and records first, will win and will have priority over any later recordings.
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