§ 1381.Transactions Conclusive Against Everyone Except Purchaser Or Encumbrancer For Valuable Consideration
Title 10. Unclaimed Property · Chapter 4. Management of Unclaimed Property · Article 3. Sale or Disposal of Property · Enacted 1738 · no amendments on record · Last verified July 29, 2026
Full Text of § 1381
Plain-English Summary
Buyers dealing with the state need to know a completed transaction will stick, and Section 1381 gives them that assurance. All sales, leases, or other transactions the Controller enters into under this chapter are conclusive against everyone, meaning no later claimant can undo the transaction after the fact.
The section carves out a single, narrow exception. A purchaser or encumbrancer who acquires title or an interest in good faith, for valuable consideration, through a written instrument that gets recorded first, can prevail over a competing claim to the same property. That exception protects an innocent later buyer who relied on the public record, while the general conclusiveness rule protects the Controller's original transaction from being unwound by someone who shows up afterward.
Frequently Asked Questions
Can a claimant unwind a sale the Controller already completed under this chapter?
Generally no. Section 1381 makes such transactions conclusive against everyone, with only one exception.
What is that exception?
A purchaser or encumbrancer who, in good faith and for valuable consideration, acquires title or an interest through a written instrument that is recorded first.
Why does recording matter to this exception?
Because the exception favors whoever records their written instrument first, giving later buyers and lenders a reliable public record to check before completing their own transaction.
Does this section give the Controller's own sale extra protection beyond the immunity in Section 1378?
Yes. Section 1378 bars suits against the state over the transaction, while this section separately makes the transaction's substantive effect on title conclusive against competing claims.
Amendment History
Added by Stats. 1951, Ch. 1738.