Muzzy v. Uttamchandani
250 Or. App. 278
| Or. Ct. App. | 2012Background
- Plaintiff inherited the subject property and deeded it to his daughter, Runk, in 1999 while reserving a life estate for himself.
- In September 2003, Runk quitclaimed her interest back to plaintiff; the deed was not recorded at that time.
- July 2004, Runk conveyed the same property to Rowlands via a bargain-and-sale deed that was recorded July 2004; Rowlands did not know of Runk's prior quitclaim to plaintiff.
- September 2004, Runk-to-plaintiff quitclaim was recorded; approximately six weeks later, Rowlands and Missing Link engaged in related conveyances to Missing Link.
- Missing Link acquired a deed from Rowlands in October 2004, and defendant had a quitclaim from Runk to Missing Link; plaintiff continued occupancy throughout.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Runk-to-Rowlands have priority under ORS 93.640(1)? | Rowlands paid no valuable consideration. | Rowlands paid valuable consideration (promissory note and other exchanges). | No; Rowlands paid no valuable consideration, so no priority. |
Key Cases Cited
- Gorzeman v. Thompson, 162 Or App 84 (1999) (unrecorded conveyance valid between grantor and grantee, but void against bona fide purchaser)
- Nelson v. Hughes, 290 Or 653 (1981) (burden of proof under ORS 93.640)
- Hammond v. Hammond, 246 Or App 775 (2011) (quiet-title actions are equitable and de novo review is discretionary)