Florida/Georgia Personal Injury & Workers Compensation

...shall be good and effectual in law or equity [e.s.] against creditors... unless the same be recorded according to law...." [6] By its own terms the statute directly controls equity as well as the law. Priorities of liens are strictly controlled by section 695.11, which places them in the order in which they are recorded....

...ffectual in law or in equity against creditors or subsequent purchasers for a valuable consideration and without notice unless the power of attorney be recorded before the accruing of the right of such creditor or subsequent purchaser."). [e.s.] [7] § 695.11, Fla....

...The sequence of such official numbers shall determine the priority of recordation. An instrument bearing the lower number in the then-current series of numbers shall have priority over any instrument bearing a higher number in the same series."). [e.s.] [8] § 695.11, Fla....

...sufficient to enforce the covenant against it. Three statutes pertain to instruments as notice. Section 28.222(3)(a), Florida Statutes (2006) provides that leases are one kind of instrument that the clerk of the circuit court is required to record. Section 695.11, Florida Statutes (2006) states that *267 an instrument, like a lease, which is "authorized or required to be recorded" by the clerk "shall be notice to all persons" once it is "officially recorded" pursuant to the statute. We read the "notice" provision of section 695.11 as a general description of the legal effect of recording, rather than as a statement that recording operates as notice to all persons, in all situations....

...Our reversal is founded upon the basic, irrefutable principle that those who subsequently deal with real property are placed on constructive notice of the relevant contents of a properly recorded instrument, such as the final judgment of dissolution involved here. § 28.222(3)(c), Fla. Stat. (1985); [2] see § 695.11, Fla....

...g jurisdiction in this state. (c) Judgments, including certified copies of judgments, entered by any court of this state or by a United States court having jurisdiction in this state and assignments, releases, and satisfactions of the judgments. [3] 695.11 Instruments deemed to be recorded from time of filing....

...ial records and to “keep a register in which he or she shall enter at the time of filing the filing number of each instrument filed for record, the date and hour of filing, the kind of instrument, and the names of the parties to the instrument.” Section 695.11, Florida Statutes (2004), provides that “[t]he sequence of [official register numbers required under section 28.222] shall determine the priority of recordation” so that “[a]n instrument bearing the lower number in the then-curre...

...We approve that determination and answer the certified question in the negative. It is so ordered. POLSTON, C.J., and LEWIS, QUINCE, and LABARGA, JJ., concur. PERRY, J., dissents with an opinion, in which PARIENTE, J., concurs. . The Fifth District states that section 695.11 "codifies ......

...(2) (By the deputy clerk) The attached Final Judgment of Dissolution of Marriage was appropriately only indexed under the names of Paul Luskin and Marie Luskin due to the fact that the Judgment *286 was only designated as "Final Judgment of Dissolution of Marriage." Florida Statutes Section 695.11 provides that an instrument is deemed to be recorded from the time of filing....

...y document filed in the grantor/grantee index—the official records. Whitburn, LLC v. Wells Fargo Bank, N.A., 190 So. 3d 1087, 1091 (Fla. 2d DCA 2015) (citations omitted) (alteration in original) (emphasis omitted); see also Fla. Stat. § 695.11. 5 action under the authority of Andresix); Whitburn, LLC v....

...The Wolf Group asserted at the hearing that its mortgage was entitled to priority over Maysonet's claim of lien on the basis of either equitable or conventional subrogation. Maysonet, however, countered that its claim of lien had priority under Florida's recording statute. [2] See Fla. Stat. *883 § 695.11 (1995)....

...Group take priority over Maysonet's lien to the amount of the satisfied two prior mortgages on the property. Reversed and remanded with instructions. NOTES [1] These prior mortgages were indeed satisfied with the proceeds from City First's loan. [2] Section 695.11 (1995) provides: Instruments deemed to be recorded from time of filing....

...We have found no Florida case holding that merely recording a deed that accomplishes a fraudulent transfer causes the § 726.110 limitations period to begin to run. See generally, e.g., Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So.2d 261, 267 (Fla. 4th DCA 2007) (“We read the ‘notice’ provision of section 695.11 as a general description of the legal effect of recording, rather than as a statement that recording operates as notice to all persons, in all situations.”); Freligh v....

...ida ... and which are filed for recording ... shall be deemed to have been officially accepted by the said officer, and officially recorded, ... and at such time [as the clerk affixes the official register numbers] shall be notice to all persons.” § 695.11, Fla....

...istake. . . . Second, the function of constructive notice is to preserve an existing advantage and not to gain a new one." 508 So.2d at 1325. This dicta seems to completely eviscerate Boley even though it cites Boley with favor. [10] Florida Statute 695.11 as to real property and Florida Statute 679.312 as to personal property.

...the two mortgages and Argent’s lack of actual or constructive notice of the Olympus Mortgage at the time of execution of the Argent Mortgage. Ultimately, the trial court deemed “the Florida statutes on recordation,” namely sections 695.01 and 695.11, Florida Statutes, “to be of the race-notice variety,” found that the Olympus Mortgage should have priority over the Argent Mortgage, and entered a partial final judgment in favor of Wachovia. On appeal, Argent argues that the trial court erred by finding in favor of Wacho-via on the issue of mortgage priority because the trial court erred in concluding that sections 695.01 and 695.11, Florida Statutes when read together, create a “race-notice” scheme....

...and that, under section 695.01, the Argent Mortgage has priority over the Olympus Mortgage. Wachovia acknowledges that section 695.01, Florida Statutes, is a “notice” type of recording statute. However, Wachovia contends that amendments made to section 695.11, Florida Statutes, have converted Florida into a “race-notice” state....

...roperty and part with his consideration without knowledge of B’s interest. So B is es-topped and the equities are with C. Section 695.01, notwithstanding, the trial court accepted Wachovia’s argument that a 1967 amendment to a different statute, section 695.11, Florida Statutes, entitled, “Instruments deemed to be recorded from time of filing” converted Florida from a “notice” to a “race-notice” jurisdiction. The earliest version of section 695.11 dates back to 1885. Examination of the language of the 1906, 1920, and 1935 iterations of section 695.11, make clear that this statute was intended to provide a mechanism for determining the time at which an instrument was deemed to be recorded. Nothing in the case law suggests that section 695.11 modifies section 695.01. 2 As a result of the 1967 amendment, section 695.11 now includes the following language: “The sequence of such official numbers shall determine the priority of recordation....

...iority over any instrument bearing a higher number in the same series.” (Emphasis added). Wachovia contends that the inclusion of this language converted Florida from a “notice” state to a “race notice” state. We disagree. The amendment to section 695.11 is designed to refine the test for determining the time at which an instrument is deemed to be recorded, not to alter the recording requirement found in section 695.01. 3 Section 695.11 also applies to indexing errors....

...Greene’s recording of his warranty deed before Mr. Rice gives Mr. Greene priority to the property. Id. at 1282 (emphasis added). According to Wachovia, this language proves that priority in recording is key. Notably, however, Rice does not mention section 695.11 and recording was not an issue....

...of priority. REVERSED and REMANDED. PALMER, J., and PERRY, B., JR., Associate Judge, concur. . The trial court entered an order consolidating the two foreclosure actions. . Contrary to Wachovia’s contention, when read together, sections 695.01 and 695.11 do not appear to be similar to the wording of New Jersey’s race-notice recording statute on which the trial court relied in its decision. . Case law confirms that the purpose of section 695.11 is to determine the time at which an instrument is deemed to be recorded and to serve as notice. See Broward County v. Recupero, 949 So.2d 274, 276 (Fla. 4th DCA 2007) ("Florida Statutes section 695.11 provides that instruments are deemed to be recorded from the time of filing.”); Winn-Dixie Stores, Inc. v. Dolgencorp, Inc., 964 So.2d 261, 266-67 (Fla. 4th DCA 2007) ("Section 695.11, Florida Statutes (2006) states that an instrument, like a lease, which is ‘authorized or required to be recorded’ by the clerk 'shall be notice to all persons' once it is ‘officially recorded’ pursuant to the statute.”); In re Forfeiture of $91,357.12, 595 So.2d 998, 999 (Fla. 4th DCA 1992) ("Section 695.11, Florida Statutes, specifically provides that the effective time of recording is the point at which the document is officially accepted and offi- *801 dally recorded.” (emphasis in original)); Paterson v....

...Brafman, 530 So.2d 499, 500 (Fla. 3d DCA 1988) (“Our reversal is founded upon the basic, irrefutable principle that those who subsequently deal with real property are placed on constructive notice of the relevant contents of a properly recorded instrument ....” (citing section 695.11, Florida Statutes)). Section 695.11 has an important purpose to determine the priority between judgment liens....

...by choosing or not to file such an action. We cannot conclude that such was the intent of the legislature. Instead, we conclude the priority of a foreign judgment lien is established upon its recordation pursuant to the provisions of chapter 55 and section 695.11, Florida Statutes (1989), and its enforcement is delayed in accordance with the statutory provisions....

...rst City mortgage. In granting a summary final judgment of foreclosure in favor of First City, the trial court found that, although the W & A deed and First City mortgage were voided from the public records, they were recorded in accordance with section 695.11, Florida Statutes (2011)....

...place from the date it is placed with the recording officer to be recorded, and that the efficacy of such notice will not be destroyed if errors are made in the recording.” 108 Fla. 555 , 148 So. 756, 758 (Fla.1933). 2 *402 The current version of section 695.11, provides: All instruments which are authorized or required to be recorded in the office of the clerk of the circuit court of any county in the State of Florida, and which are to be recorded in the “Official Records” as provided for under s....

...The prior mortgage was recorded in 1983 and was improperly indexed by the clerk. Id. The circuit court found in favor of North Florida, concluding that indexing was not an essential element of recording and priority of competing claims was determined by section 695.11. Id. This Court affirmed, finding that, under section 695.11, an instrument was deemed officially recorded when accepted by the clerk and given official register numbers. Id. This Court found that priority was not contingent upon indexing and the plain language of section 695.11 provided the sequence of official numbers determined the priority of recordation....

...Orix sought to foreclose on its judgment lien, and the trial court entered summary judgment in favor of the MacLeods. Id. This Court reversed, stating: We adhere to the reasoning of the Anderson court. In Anderson, this court viewed the dictates of section 695.11, Florida Statutes, as unambiguous....

...756 (1938). The statute provides that official recordation occurs at such time as the office of the clerk of the circuit court affixes to an instrument the official register numbers required by law “and at such time shall be notice to all persons.” § 695.11, Fla. Stat. (1995). Id. In light of the foregoing line of cases, we find the unambiguous language of section 695.11 controls such that constructive notice attached at the time the W & A deed and First City mortgage were recorded on July 6, 2006. Although the appellants suggest that these documents had to remain in the official records to impart constructive notice, we find no such requirement in section 695.11....

...Appellants, as well as the McLeods and Bairn, were named as defendants in appellee's foreclosure action. The circuit court determined in an interlocutory order that proper indexing is not an essential element of recordation, and because the priority of competing claims to real property is determined pursuant to section 695.11, Florida Statutes, by reference to the official filing number, the appellee was found by the lower court to have a superior claim to the subject property....

...aintain a general alphabetical index, direct and inverse, of all instruments filed for record." However, an instrument is deemed to be "officially recorded" when the instrument is accepted by the court clerk and is given "official register numbers." § 695.11, Fla....

...k's negligence... . Id. at 678. The above language from Mlecka suggests that an instrument that is not indexed is not properly recorded; and indeed, indexing is a statutory requirement. However, we do not read Mlecka as altering the plain meaning of section 695.11....

...However, we do not read Dixon as supporting the view, as argued by appellants, that competing claims to real property are resolved based upon the propriety of the indexing of the relevant documents, rather than by application specific requirements of sections 695.01 and 695.11....

...anice McLeod to borrow money from the appellee to purchase an ocean-going boat. [2] As noted by appellee, the Mlecka opinion was rendered in a case involving a pro se litigant, and does not specifically consider the issue here involved nor even cite section 695.11....

...lled balancing of the equities, and lastly, that the trial court has used the power of eminent domain to condemn private property for a private purpose, contrary to the applicable constitutional law. We reverse. Clearly pursuant to the provisions of Section 695.11, Florida Statutes (1983), the Levys, as the prospective purchasers at the public sale were on notice of the encroachment....

...ntitled to priority over a previously recorded creditor's judgment lien. It is well established under Florida law that where there is more than one judgment lien on real property, priorities between the judgment liens are established by statute. See § 695.11, Fla. Stat. (1993); Martinez v. Reyes, 405 So.2d 468, 469 (Fla. 3d DCA 1981). Section 695.11 specifically provides that recorded judgments: shall be deemed to have been officially accepted by the said officer, and officially recorded, at the time he affixed thereon the consecutive official register numbers required under s....

...e. See § 55.10, Fla. Stat. (1987); Smith v. Venus Condominium Ass'n, Inc., 352 So.2d 1169 (Fla. 1977); Steinbrecher v. Cannon, 501 So.2d 659 (Fla. 1st DCA), review denied, 509 So.2d 1119 (Fla. 1987); Martinez v. Reyes, 405 So.2d at 468. Pursuant to Section 695.11, LGJ had priority because its lien was recorded before the appellee's lien....

...Where real property is concerned, it is a firm, long standing principle, that priorities of liens on real property are established by date of recordation. See Martinez v. Reyes, 405 So.2d 468, 469 (Fla. 3d DCA 1981). This principle is statutorily embodied in Section 695.11 which exclusively establishes priorities between judgments....

...he shall enter at the time of filing the filing number of each instrument filed for record, the date and hour of filing, the kind of instrument, and the names of the parties to the instrument." Section 695.11, Florida Statutes (2004), provides that "[t]he sequence of [official register numbers required under section 28.222] shall determine the priority of recordation" so that "[a]n instrument bearin...

...cords of the county where the property is located. Sec. 55.10(1), Florida Statutes; Smith v. Venus Condominium Association, Inc., 352 So.2d 1169 (Fla.1977). Since both judgments were properly recorded as required by Section 55.10(1), we next look to Section 695.11, Florida Statutes, which addresses this precise issue: 695.11 Instruments deemed to be recorded from time of filing....

...This rule may admittedly produce a harsh result where, as here, two judgments are presented for recording at the same time. Of necessity, however, there must be some manner of distinguishing among liens on the same piece of property, and our legislature has chosen the method prescribed in Section 695.11....

...itled to priority over a previously recorded creditor’s judgment lien. It is well established under Florida law that where there is more than one judgment lien on real property, priorities between the judgment liens are established by statute. See § 695.11, Fla.Stat. (1993); Martinez v. Reyes, 405 So.2d 468, 469 (Fla. 3d DCA 1981). Section 695.11 specifically provides that recorded judgments: shall be deemed to have been officially accepted by the said officer, and officially recorded, at the time he affixed thereon the consecutive official register numbers required under s....

...e. See § 55.10, Fla.Stat. (1987); Smith v. Venus Condominium Ass’n, Inc., 352 So.2d 1169 (Fla.1977); Steinbrecher v. Cannon, 501 So.2d 659 (Fla. 1st DCA), review denied, 509 So.2d 1119 (Fla.1987); Martinez v. Reyes, 405 So.2d at 468 . Pursuant to Section 695.11, LGJ had priority because its lien was recorded before the appellee’s lien....

...Where real property is concerned, it is a firm, long standing principle, that priorities of liens on real property are established by date of re-cordation. See Martinez v. Reyes, 405 So.2d 468, 469 (Fla. 3d DCA 1981). This principle is statutorily embodied in Section 695.11 which exclusively establishes priorities between judgments....

to real property is determined pursuant to section 695.11, Florida Statutes, by reference to the official

...Assets Mgmt., LLC v. Terraces/Banyan - 2, Inc., 326 So. 3d 1140, 1141 (Fla. 4th DCA 2021). “An instrument bearing the lower number in the then-current series of numbers shall have priority over any instrument bearing a higher number in the same series.” § 695.11, Fla....

....”); Argent Mortg. Co., LLC v. Wachovia Bank, N.A., 52 So. 3d 796, 800 (Fla. 5th DCA 2010) (rejecting argument that Florida was converted from a “notice” state to a “race-notice” state based on the addition of the following language in 1967 to section 695.11, titled “Instruments deemed to be recorded from time of filing”: 4 “The sequence of such official numbers shall determine the priority of recordation. An instrument bearing the lo...

...laim to the surplus no later than (or within) sixty days after the sale, and that if it failed to file a timely claim, then it would not be entitled to any surplus. See Bakalarz v. Luskin, 560 So. 2d 283, 286 (Fla. 4th DCA 1990) (“Florida Statutes Section 695.11 provides that an instrument is deemed to be recorded from the time of filing....

...circumstances. An unrecorded mortgage on real estate, although valid upon execution and delivery, is not enforceable against subsequent purchasers or lienholders for a valuable consideration and without notice. E.g., § 695.01(1), Fla.Stat. (1989). Section 695.11, Florida Statutes, specifically provides that the effective time of recording is the point at which the document is officially accepted and officially recorded....

...claim to the surplus no later than (or within) sixty days after the sale, and that if it failed to file a-timely claim, then it would not be entitled to any surplus. See Bakalarz v. Luskin, 560 So.2d 283, 286 (Fla. 4th DCA 1990) (“Florida Statutes Section 695.11 provides that an instrument is deemed to be recorded from the-time of filing....

...aim to the surplus no later than (or -within) sixty days after the sale, and that if it failed to file, a timely claim, then it would not be entitled to any surplus. See Bakalarz v. Luskin, 560 So.2d 283, 286 (Fla. 4th DCA 1990) (“Florida Statutes Section 695.11 provides that an instrument is deemed to be recorded from the time of filing....

...laim to the surplus no later than (or within) sixty days after the sale, and that if it failed to file a timely claim, then it would not be entitled to any surplus. See Bakalarz v. Luskin, 560 So. 2d 283, 286 (Fla. 4th DCA 1990) (“Florida Statutes Section 695.11 provides that an instrument is deemed to be recorded from the time of filing....

...3d DCA 1988) (explaining that the absence of the words “for which let execution issue” does not render a judgment nonfinal or void, but instead “effectively grant[s] the judgment debtor a stay of execution” until judgment is modified to include the language). Priority among liens is governed by § 695.11, Florida Statutes: “The sequence of such official numbers shall determine the priority of recordation. An instrument bearing the lower number in the then-current series of numbers shall have priority over any instrument bearing a highe...

shall be recorded in the Official Records. Section 695.11, F. S., provides that all instruments which

...irst in time is the first in right.’’’ Bank of S. Palm Beaches v. Stockton, Whatley, Davin & Co., 473 So. 2d 1358, 1360 (Fla. 4th DCA 1985). Pursuant to this rule, an earlier recorded instrument takes priority over a later recorded instrument. § 695.11, Fla. Stat....

search. The Homeowners disagree. Citing section 695.11, Florida Statutes (2015), the Homeowners insist

...However, a deed covenant may be enforced against a successor grantee so long as the successor grantee had -7- notice of the covenant, see Park Ave. BBQ & Grille of Wellington, Inc. v. Coaches Corner, Inc., 746 So. 2d 480, 482 (Fla. 4th DCA 1999), and under section 695.11, Florida Statutes (2016), if an instrument is recorded in the official county records, such recording “shall be notice to all persons.” See also Hagan, 186 So....

COHEN, J. The issue in this appeal is whether the City of Palm Bay can grant its code enforcement liens superpriority over a prior recorded mortgage. We conclude it cannot because Palm Bay’s ordinance conflicts with a state statute: section 695.11, Florida Statutes....

...v. Brevard County, 3 So.3d 309, 314 (Fla.2008); City of Kissimmee v. Florida Retail Federation, Inc., 915 So.2d 205, 209 (Fla. 5th DCA 2005), the ordinances may not conflict with a state statute. See Art. VIII § 2(b), Fla. Const. In relevant part, section 695.11, Florida Statutes, provides that any instruments required to be recorded pursuant to section 28.222, Florida Statutes, will be deemed recorded once an official register number is affixed....

...le. Ordinance 97-07 conflicts with this mandate by granting Palm Bay’s code enforcement liens priority over a mortgage, even when the mortgage was recorded before the lien. The only way ordinance 97-07 can be effective is by violating the terms of section 695.11....

...and in declaring its liens to be satisfied. See generally Boca Burger, Inc. v. Forum, 912 So.2d 561, 573 (Fla.2005) (stating “[a] lower court’s decision to impose sanctions is reviewed under an abuse of discretion standard”). Florida Statutes section 695.11 provides that instruments are deemed to be recorded from the time of filing....

...tion of a lien followed by improper or erroneous indexing by the clerk of the circuit court. The trial court here erred by failing to follow Anderson . We adhere to the reasoning of the Anderson court. In Anderson , this court viewed the dictates of section 695.11, Florida Statutes, as unambiguous....

...756 (1933). The statute provides that official recordation occurs at such time as the office of the clerk of the circuit court affixes to an instrument the official register numbers required by law “and at such time shall be notice to all persons.” § 695.11, Fla....

...he shall enter at the time of filing the filing number of each instrument filed for record, the date and hour of filing, the kind of instrument, and the names of the parties to the instrument." Section 695.11, Florida Statutes (2004), provides that "[t]he sequence of [official register numbers required under section 28.222] shall determine the priority of recordation" so that "[a]n instrument bearin...

...ignment of mortgage and all modifications thereof.” We affirm the final judgment, concluding that (1) Presidential had constructive notice of the assignment of mortgage because the assignment was recorded in compliance with the requirements of section 695.11, Florida Statutes (2012), and (2) the warning in the recorded mortgage placed Presidential on notice that further inquiry was necessary to determine the existence of any modifications to the loan secured by the mortgage. ...

...The court concluded that Presidential was on notice of the assignment of mortgage to BONY when it took title in 2019, reasoning that the assignment of mortgage to BONY was recorded in 2012 and became “notice to all persons” at that time pursuant to section 695.11, Florida Statutes....

...inferior interest, to the mortgage, assignment of mortgage and all modifications thereof.” This appeal ensued. The Circuit Court Properly Entered Declaratory Judgment in Favor of BONY Because the 2012 Assignment of Mortgage was Recorded in Compliance with Section 695.11, Florida Statutes, and the 2005 Mortgage Placed Presidential on Notice that Further Inquiry was Necessary to Determine the Existence of any Modifications On appeal, Presidential raises four interrelated arguments....

...which are filed for recording . . . shall be deemed to have been officially accepted by the said officer, and officially recorded, at the time she or he affixed thereon the consecutive official register numbers . . . and at such time shall be notice to all persons.” § 695.11, Fla....

....” § 28.2221(2), Fla. Stat. (2012). 5  “[I]ndexing [i]s not an essential element of recording.” Mayfield v. First City Bank of Fla., 95 So. 3d 398, 402 (Fla. 1st DCA 2012). Priority is determined by section 695.11 and is not contingent upon indexing....

...Countrywide Home Loans, Inc., 953 So. 2d 619 (Fla. 3d DCA 2007), and United States v. One Parcel of Real Estate, 715 F. Supp. 360 (S.D. Fla. 1989), is misplaced because those cases did not involve the requirements of recording an assignment of mortgage under section 695.11....

...at 362–63 (holding that purchasers of real property without actual notice that the Government had filed a lis pendens against such property fell within the “innocent owners” exception to a federal forfeiture statute). Because the assignment of mortgage was recorded in accordance with section 695.11, nothing more was required....

...No conveyance, transfer or mortgage of real property ... shall be good and effectual in law or in equity against creditors or subsequent purchasers for valu *152 able consideration and without notice unless the same be recorded according to law; .... In turn, Fla.Stat. 695.11 (1987) provides as follows: INSTRUMENTS DEEMED TO BE RECORDED FROM TIME OF FILING....

...7 As noted above, however, no provisions in sections 55.201 —209, address the priority of judgment liens against real property. Florida courts have long recognized that where there is more than one judgment lien on real property, priorities between the liens are established by section 695.11 , Florida Statutes. 8 Section 695.11 , provides: "All instruments which are authorized or required to be recorded in the office of the clerk of the circuit court of any county in the State of Florida, and which are to be recorded in the _Official Records_ as provided for under s....

...on . An instrument bearing the lower number in the then-current series of numbers shall have priority over any instrument bearing a higher number in the same series." (e.s.) Thus, the priority of judgment liens against real property is recognized in section 695.11 , Florida Statutes....

...This proposition, urged by the co-Trustees, is based on the undisputed facts first, that it is without dispute that the EDM’s second mortgage was chronologically recorded before the third mortgage of the Prices was recorded, therefore, pursuant to the recording statute of this State, Fla.Stat. 695.11; second, in any event the mortgage held by the Prices clearly indicates on its face not only that it was intended to be, but, in fact, is a third mortgage; third, it was clearly intended to be subordinate to the mortgage held by the six EDM mortgagees. Fla.Stat. 695.11 provides, inter alia, that the priority of mortgages shall be determined in the sequence they are recorded and one recorded ahead in a point in time to another shall be held superior to one which is recorded thereafter....