Escrow & Title
Oregon's recording acts are best characterized as:
APure race statutes — the first to record wins regardless of notice
BPure notice statutes — a subsequent purchaser without notice wins regardless of who records first
CRace-notice statutes — a subsequent purchaser must both record first AND be a bona fide purchaser without notice✓ Correct
DNo recording act — Oregon uses a pure possession rule
Explanation
Oregon follows a race-notice recording act (ORS 93.640). To be protected against a prior unrecorded interest, a subsequent purchaser must: (1) be a bona fide purchaser — paid value without actual or constructive notice of the prior interest; AND (2) record first. If the subsequent purchaser had notice of a prior unrecorded claim OR failed to record before the prior claimant, they lose protection under the recording act.
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