Detailed Answer
(d) Under a notice-race statute, if a mortgagee fails to
record its mortgage, a subsequent mortgagee who records will
have a superior security interest if s/he did not have notice of the
prior mortgage. In this situation, Independent Bank was the first
to record its mortgage and would receive the $195,000 owed it.
Scott would then receive $19,000 because Scott recorded his/her
mortgage before Elgin. Since Scott did not have knowledge of
Elgin’s mortgage until after Scott had recorded his/her mortgage,
Scott would have priority over Elgin.