a.Indexes are records kept usually in the county courthouses that provide a listing of all real estate conveyances recorded in that county.
i.The index itself is a book that lists alphabetically and chronologically by grantor and by grantee all recorded conveyances
ii.Indexes are the best method for searching the history of a particular property by record owner
iii.Indexes now also contain a listing according to property description (tract index)
1.In all our cases this tract index usually isn’t available
iv.Luthi v Evans against Orr v Byers (buyer bears risk v seller bears risk)
1.Recorded deeds serve as constructive notice to subsequent purchasers that you are record owner
2.If your properly recorded deed is improperly indexed so that subsequent purchaser can’t find it, no constructive notice occurs
3.Deeds not properly listed in an index don’t serve as constructive notice
4.This recording index mistake is an exception to the rule that recorded deeds provide constructive notice
5.Don’t forget to argue both ways on the effect of improper recording (constructive notice v. non-constructive notice)
b.Mother Hubbard or Drag Net Clause
i.Deed or other written instrument that intends to convey interest in real estate and which describes the property to be conveyed as “all of the grantors’ property in a certain county”
1.Effect of a Mother Hubbard Deed is that subsequent purchasers will have a hard time finding out that a certain property has been conveyed
a.Some jurisdictions recognize these deeds and some don’t (argue both ways)
b.May not be constructive notice in some jurisdictions because subsequent purchasers don’t know that this Mother Hubbard deed applies to the property being purchased
2.Convenient for:
a.Death bed transfers
b.Situations where time is of the essence
c.Specific information about the property is not available