race to the courthouse


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race to the courthouse

In a pure race state, the first party to file a deed, mortgage, or other instrument will take priority—will be given effect—before instruments filed afterward.As a result, a situation sometimes arises when there is a possibility of competing claims, such as a spouse or creditor who wants to file a claim against property before it is sold to another. In such situations, there is a race to the courthouse to file first—before anyone else.

References in periodicals archive ?
John Lynch and the Senate to craft language to amend the Constitution that will stop the race to the courthouse and end the nonsense and instability of spreadsheet politics.
The results are in as LitWatch releases its most recent compilation of the race to the courthouse by the busiest securities fraud class action law firms in the country.
These include passing an "effective date" that avoids both a race to the courthouse and "grace period" for government to continue taking private property from one citizen for the benefit of another citizen.
Normally, when multiple personal injury cases are filed against one company as they have been against Sulzer Orthopedics, it often becomes a race to the courthouse by plaintiffs' attorneys.
Now, in a race to the courthouse that determines which lawyers control the class actions, one lawyer is moving quickly -- and so far effectively -- to get to know them all, according to a front-page story in The National Law Journal(R) this week.