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On appeal, the county argued that when a developer conveys to a bona fide purchaser a lot that was previously assessed at the developer's acquisition cost, the lot must be revalued at its purchase price regardless of whether it contains a building.
I observe that to impose the requirement of bona fide purchaser for value in section 43 appears to negate the discrimination imposed by the statute--why distinguish between instances of registration according to whether there was fraud if the end result is the same?
That, however, is not likely to be the case because the buyer, to be secure in title (meaning superior to all others), must be a bona fide purchaser without notice of the pending action and the possibility that the seller may be obligated, through the loss of a specific performance suit, to convey title to another earlier contracting party.
For example, the mortgage may not be perfected under state law against a bona fide purchaser if the signatures on the loan documents were not properly acknowledged; the documents were improperly delivered or executed; the person or entity executing the loan documents on behalf of the borrower was improperly authorized; the description of the collateral was incorrect, or the mortgage was indexed against the wrong name or the wrong parcel, (N.
It appeared that EDEA's argument was that EDEA was a bona fide purchaser for value, who took the premises free of the unrecorded lease.
Roseview did not seek a deficiency judgment after the foreclosure sale on the property since the ultimate sale to a bona fide purchaser had not as yet taken place.
A full inventory will be made available to a bona fide purchaser.