Posted by William Bronchick on October 27, 2003 at 19:38:57:
He did commit fraud, but you’ve got a practical issue - the new buyer’s potentially superior ownership.
The race-notice recording rule is that the deed must be recorded FIRST by a BONA-FIDE buyer.
To be bonafide, the buyer must have:
- Paid value
- Have had no actual or constructive knowledge of a previous transfer
- Record first in good faith
If you can prove any of the 3 to be untrue, you would defeat his ownership.
Time to do some investigation…