§20.8 - Recording and Registration
Jurisdiction | Washington |
§20.8 RECORDING AND REGISTRATION
Requirements for recording and registration of mortgages are set out below.
(1) Recording
Washington has a notice-race statute, RCW 65.08.070. Membership in the protected class, i.e., a subsequent purchaser or mortgagee in good faith and for valuable consideration, depends upon two factors: (1) the lack of notice and (2) the priority in recording. First in time of filing is first in right. Absent a subsequent bankruptcy, 11 U.S.C. §544(a)(3), the lack of recording does not affect the validity of the conveyance between the parties.
(2) Conveyance instruments and transfers affected by the statute
The term conveyance is broadly defined to include the following:
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- Summary
- §20.1 - Introduction
- §20.2 - Development as a Lien Theory State
- §20.3 - Framework for Analysis
- §20.4 - Requisites of a Mortgage
- §20.5 - Mortgages, Alternative Types, Variations, and Modifications
- §20.6 - Rights and Duties Before Foreclosure
- §20.7 - Rules of Construction
- §20.8 - Recording and Registration
- §20.9 - Priorities
- §20.10 - Subordination Agreements
- §20.11 - Transfer of the Debt and Security by the Mortgagee
- §20.12 - Transfer of the Real Property by the Mortgagor
- §20.13 - Termination of the Mortgage
- §20.14 - Mortgage Foreclosures
- §20.15 - Redemption
- §20.16 - Forms (included on the CD Accompanying this deskbook)
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