Under the New York recording acts, which statement is correct regarding recording priority?

• A. An unrecorded conveyance is valid against a BFP who records later.
• B. A BFP must prove knowledge of prior unrecorded instruments to prevail.
• C. A BFP defeats unrecorded instruments by recording first and without knowledge of prior unrecorded instruments.
• D. Judgments are protected by the act and can override earlier mortgages when unrecorded.

Answer: (C)

Under New York recording acts, priority follows a race-notice rule: a bona fide purchaser for value who records first and has no knowledge of any prior unrecorded instruments beats those unrecorded interests. That means the BFP can defeat prior unrecorded instruments by recording first and not knowing about them. This is exactly what the correct statement says.

An unrecorded conveyance cannot prevail over a BFP who records first without knowledge of prior unrecorded instruments, so the first option is not correct. A BFP does not need to prove knowledge; in fact, lack of knowledge is what protects them. And judgments aren’t protected by the recording act to override earlier mortgages; the act governs interests like conveyances and mortgages, not judgments in that way.