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0 tracked cards Real Property

Owner gives Mortgage 1 to Lender One, who does not record. Owner later gives Mortgage 2 to Lender Two for value. Lender Two has no notice of Mortgage 1 and records before Lender One. The jurisdiction has a race-notice recording act.
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Recording is irrelevant to mortgage priority. A later mortgagee can prevail only by having actual notice of the earlier mortgage. In a race-notice jurisdiction, a later mortgagee who gives value, lacks notice, and records first can prevail over an earlier unrecorded mortgage. A mortgagee who records first loses priority automatically.

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