So my friend I originally thought that was the problem. However, I run magnets on the side of the filter and a large one over the nut. When I got underneath there was no residue caught around any of the magnets not even at the nut. No trace of running from above, so I cleaned the whole area with Kerosene and watched after every ride. The second time when I found drips in the belly pan I decided to replace, and again no seepage at the gasket mount or anywhere above or on the magnets. Also the drips at the nut seam arose while i was riding, which I believe happened when the filter was under a bit of pressure and the oil viscosity loosened up when hot. I believe the slow seep leak created a drip to form at the nut seam edge then get blown off by wind while riding. I say that, as oil gathered at the tail end of my belly pan not directly below the filter itself. When I did swap it out I took a toothpick and coaxed fluid out from the nut seam prior to removing. By that time I was aware of the past recall problems but was still in disbelief that these similar circumstances actually presented themselves. I should note that my bike has only 2K miles, garage kept, fair weather driven and meticulously loved in terms of care\service
Although I chucked the filter I do not believe leaving it full of oil overnight experiment would cause it to surface the problem as there is no pressure and the oil cold would be thicker.
Again, for the benefit of this forum I have no ill will against K&N, as I have routinely used their nut based white-orange filters for my car. Personally I think it is a poor design atop varying overseas manufacturing compounded by differences in site quality control.
Since the hiflofiltro and 200miles, I have no leaks presenting. If it does I will post back as that would indicated a different cause.