In race-notice jurisdictions, what condition must a purchaser satisfy to prevail against prior unrecorded interests?

• A. Record first
• B. Record first and have no notice to prevail
• C. Hold a superior mortgage
• D. Occupy the property for at least 30 days

Answer: (B)

In race-notice jurisdictions, you win against a prior unrecorded interest only if you satisfy two things at the time you acquire the property: you must record your deed (or interest) before anyone else claiming an interest, and you must have no notice of the prior unrecorded claim. If you record first but actually know about the prior interest (or are on notice by inquiry or actual knowledge), you lose to that prior unrecorded interest. If you don’t record first, even without notice, you also lose. The combination of “record first” and “no notice” protects a purchaser who acts promptly and without knowledge of competing, unrecorded interests.