Brief Fact Summary. The Plaintiffs contracted to buy land and paid significant amounts in furtherance of this contract. The Defendants recorded their lis pendens, a notice of lawsuit affecting title, one day after title to the property vested with Plaintiffs. Plaintiffs sued to clear title.
Synopsis of Rule of Law. If a purchaser has already received title by the time a lien is recorded and was not on constructive notice at the time he received title, he is protected.
Issue. When was the lis pendens considered properly recorded, thus giving notice to purchasers of the land.
Held. Reversed. The lis pendens was not properly recorded until indexed, which occurred the day after the title passed to the Plaintiffs.
Any purchaser without notice who makes a down payment and obligates himself to pay the balance, has every reason to believe that his rights are secure in the property.
Plaintiff had already received title by the time the lis pendens was recorded and was not on constructive notice at the time he received title, thus was a subsequent bona fide purchaser for value.
It belies any notion that one can become a fraudulent transferee by accident, or even negligently.View Full Point of Law