Far West Savings & Loan Assn. v. McLaughlin

Opinion

CROSKEY, J.

Defendants and appellants, Mary P. McLaughlin and Barbara Nicholls (McLaughlin) appeal from a summary judgment granted in favor of plaintiff and respondent Far West Savings and Loan Association (Far West). Far West claims priority for its deed of trust over an earlier recorded encumbrance given to McLaughlin by an unrecorded grantee whose deed placing him in the chain of title was not recorded until the same date as Far West’s deed of trust. As we hold (1) that in order for such earlier recorded encumbrance to impart constructive notice to a subsequent bona fide encumbrancer…