Escrow & TitleIntermediateColorado Exam

Colorado uses which public records system to establish priority of claims against a property?

ARace statute — first to record wins regardless of notice
BNotice statute — subsequent bona fide purchasers without notice prevail, in general
CRace-notice statute — first to record without notice of prior claims prevailsCorrect
DTorrens system for all residential properties

Why Race-notice statute — first to record without notice of prior claims prevails Is Correct

Answer C: Race-notice statute — first to record without notice of prior claims prevails

Colorado is a race-notice state. A subsequent purchaser must both (1) take without notice of a prior unrecorded interest and (2) record first in order to prevail over a prior unrecorded interest.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

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