Ultimately the difference between the notice and race notice is determined by notice and the deed of the property. Under notice jurisdiction the deed from the earlier purchaser was not recorded and the subsequent purchaser did not know of the purchase. Under race notice jurisdiction the subsequent purchaser will prevail if they did not know of an earlier purchase and the subsequent purchaser’s deed is filed before the earlier deed. …show more content…
In North Carolina the party that files the deed first will prevail. Notice is not necessary to determine the prevailing party. North Carolina is one of only three states that follow this particular type of recording act jurisdiction. For anyone purchasing a property in North Carolina it is important to know this because after you purchase the property you need to file the deed as soon as you possibly can to make sure that the property was not sold to another individual, and if it was, to make sure that you do not lose the property to that other