Under what condition does a subsequent purchaser qualify under Race Notice?

A subsequent purchaser qualifies under the Race Notice recording system when they have recorded their interest in the property first after taking title. The Race Notice system aims to protect the rights of those who are diligent in recording their claims to property. It requires that the subsequent purchaser not only takes title but also records that title before any prior interests are recorded. This means that if another party has an interest in the property but did not record it before the new purchaser, the new purchaser's interest is protected, provided they were unaware of the prior unrecorded interest at the time of their own purchase and recording.

In essence, the priority of the claims in the Race Notice jurisdiction is determined by the timing of the recording. Thus, the correct understanding is that the key factor in qualifying under Race Notice is the act of recording after acquiring title, which establishes a legal claim to the property over any unrecorded interests that might exist.