California Codes
Cal. Civil Code § 1217 (2026)
Effect of Recording, or the Want Thereof
✓ current as of May 2026
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An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.
Notes of Decisions
Cited in 32
cases (8 in the last 5 years), 1949–2025 · leading case: Bartold v. Glendale Fed. Bank, 97 Cal. Rptr. 2d 226 (Cal. Ct. App. 2000).
Bartold v. Glendale Fed. Bank, 97 Cal. Rptr. 2d 226 (Cal. Ct. App. 2000). “Although Glendale asserts it assigned both the Bartold and Krasne deeds of trust and was a mere loan servicer at the time of payoff, Glendale never recorded any assignment of the trust deeds and did not notify the homeowners.”
First Fid. Thrift & Loan Ass'n v. All. BK., 60 Cal. App. 4th 1433 (Cal. Ct. App. 1998). “Civil Code section 1217 provides: “An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.”
Gates Rubber Co. v. Ulman, 214 Cal. App. 3d 356 (Cal. Ct. App. 1989). “) *365 Civil Code section 1217 provides: “An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.”
STAMAS v. Cnty. of Madera, 795 F. Supp. 2d 1047 (E.D. Cal. 2011). “Cal.Civil Code § 1217. A person receiving a deed to, or a deed of trust on, property acquires his or her title or lien subject to all previous transfers of title and previously created liens and encumbrances of which he or she has actual or constructive knowledge.”
RNT Holdings v. United Gen. Title Ins. Co. CA2/4, 230 Cal. App. 4th 1289 (Cal. Ct. App. 2014). “2d 757 ]; Civ. Code, § 1217.) The main purpose of the recording laws is “to protect those who honestly believe they are acquiring a good title, and who invest some substantial sum in reliance on that belief.”
Lummus Co. v. Commonwealth Oil Refining Co., Inc., (Three Cases), 280 F.2d 915 (1st Cir. 1960). “One form of defect in the consent may be that it was obtained by deceit, Civil Code, § 1217, 31 L.P.R.A. § 3404, which includes what we have referred to as fraud in the inducement.”
In re Zubenko, 528 B.R. 784 (Bankr. E.D. Cal. 2015). “Cal. Civ.Code § 1217. 6 Although § 544(a)(3) creates the legal fiction of a perfect bona fide purchaser and explicitly renders the trustee’s actual notice of prior grantees irrelevant, the Ninth Circuit has long-recognized that constructive or inquiry notice obtained in…”
Reiner v. Danial, 211 Cal. App. 3d 682 (Cal. Ct. App. 1989). “” Civil Code section 1217 reads as follows: “An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.”
U. S. Hertz, Inc. v. Niobrara Farms, 41 Cal. App. 3d 68 (Cal. Ct. App. 1974). “(Civ. Code, § 1217.) 3. As to the contention that the notices of default are invalid because of the lack of notarial acknowledgment: Civil Code section 2924 prescribes the essential factual data that must be included in a notice of default.”
Powell v. Goldsmith, 152 Cal. App. 3d 746 (Cal. Ct. App. 1984). “However, Civil Code section 1217 provides that “[a]n unrecorded instrument is valid as between the parties thereto and those who have notice thereof.”
Swiss Bank Corp. v. Van Ness Assocs., Ltd. (In Re Van Ness Assocs., Ltd.), 173 B.R. 661 (Bankr. N.D. Cal. 1994). “Cal.Civ.Code § 1217. However, because the court finds that the physical condition and legal status of the Strip provided constructive notice of Banks’ hen from the date that it was obtained, Shawmut Bank was charged with such notice when it obtained the Shawmut Deed of Trust.”
Bartley v. Karas, 150 Cal. App. 3d 336 (Cal. Ct. App. 1983). “(Civ. Code, § 1217; Gribble v. Mauerhan (1961) 188 Cal.”
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