Contract4Deed
Glossary

recording

Pure Race

A recording statute giving priority to the first to record, regardless of whether they had notice of prior unrecorded interests.

In depth

Pure race jurisdictions, including North Carolina and Louisiana, award priority strictly to whoever records first. Knowledge of an earlier unrecorded transfer is irrelevant. Misconception: pure race is not common; only a handful of states use it. Practically, pure race is brutally efficient: speed of recording determines ownership. Even a clearly fraudulent later buyer who records first can prevail over an earlier honest buyer who delayed recording. In seller-financed deals in pure race states, the parties must rush deeds and memoranda to the courthouse, often using overnight messengers or e-recording services. Always confirm whether your state is race, notice, or race-notice before closing, because the strategy and timing differ significantly.

Educational content only. Definitions reflect typical usage in US owner-finance and FSBO transactions; statutes and case law vary by state. Consult a licensed real-estate attorney for fact-specific guidance.