Unrecorded instrument affecting title or unrecorded assignment of sheriff’s certificate of sale void as to subsequent purchaser
Source:
Section 93.640 — Unrecorded instrument affecting title or unrecorded assignment of sheriff’s certificate of sale void as to subsequent purchaser, https://www.oregonlegislature.gov/bills_laws/ors/ors093.html
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Notes of Decisions
Where mortgagee had no actual notice of unrecorded earnest money agreement, use of bargain and sale deed rather than warranty deed to create mortgage did not deny him status of “subsequent purchaser in good faith” as matter of law. Armstrong v. Lovelace, 285 Or 313, 590 P2d 1231 (1979)
Where purchaser of property who recorded his conveyance brought quiet title suit against prior purchaser of same property whose conveyance had not been recorded under this section, subsequent purchaser had burden of proving that subsequent purchase was in good faith and for valuable consideration. Nelson v. Hughes, 290 Or 653, 625 P2d 643 (1981)
Where dissolution decree is issued in county where real property is located, subsequent purchasers of property have constructive notice of interest granted by decree notwithstanding that interest has not been registered. Partlow v. Clark, 295 Or 778, 671 P2d 103 (1983)
Although party cannot be subsequent purchaser in good faith under this section if it has actual or imputed knowledge of prior unrecorded interest at time of its purchase, that prior interest must be valid under Statute of Frauds to be protected. FDIC v. Davis, 82 Or App 8, 727 P2d 133 (1986)
Because plaintiff had actual notice of prior assignment to defendant, plaintiff’s recording of assignment earlier than defendant’s is irrelevant since plaintiff failed to allege that plaintiff obtained any interest under unrecorded assignments. Calhoun v. Higgins, 103 Or App 414, 797 P2d 404 (1990)
Lien claim and foreclosure judgment do not convey, create or memorialize ownership interest in subject property. HGC Limited v. Cascade Pension Trust, 174 Or App 464, 26 P3d 842 (2001)