Record Title

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Standard Exception Topic

RCT


Record Title

There are four types of recording statutes: race, grace, race-notice, and notice. You should not assume that a matter has priority solely because it is recorded first.

Exceptions

Standard Exception Subtopic

RCTX01

STG

12/01/1995
V 2

Instrument not Recorded

Any claim because of the failure to record that _________ in accordance with applicable law.
Comment: If the insureds do not want to record the insured deed or mortgage, or to secure a recordable lease or memorandum of (insured) lease acknowledged by the lessor, you should call the Company. If the Company issues, it will use this exception. If a deed in the recent chain is not properly of record, you should also use this exception.

See Underwriting Manual


Standard Exception Subtopic

RCTX02

STG

12/01/1995
V 2

Delayed Recording

Any claim that the transaction vesting in the insured the estate or interest insured is a voidable preference because of a delay in recordation of the vesting instrument.
Comment: If there is a delay of more than 20 days in recording the vesting instrument, you must add this exception unless you issue the 1990 Policy. The 1990 Policy contains a broad creditors’ rights exclusion. The 1992 Policy contains a narrower creditors’ rights exclusion that does not apply to voidable preferences arising out of delayed recording. The 1970 Policy contains no creditors’ rights exclusion; this exception must be added to that Policy if there is a delayed recording.