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Robert executes and delivers a warranty deed conveying his Fort Lauderdale property to his daughter Susan, but Susan never records the deed and never takes possession. Five years later, Robert sells the same property to Tom, a bona fide purchaser who pays full value, has no actual or constructive knowledge of the earlier deed to Susan, and promptly records his deed. Under Florida's recording act (Fla. Stat. §695.01), who owns the property?

Correct Answer

B) Tom, because as a bona fide purchaser without notice who recorded first, he takes priority under Florida's notice recording statute

Florida is a notice (pure-notice) recording jurisdiction under §695.01. An unrecorded conveyance is void against a subsequent bona fide purchaser for value who takes without notice. Because Susan failed to record, Tom — a BFP without notice — prevails.

Answer Options
A
Susan, because she received the first deed in time
B
Tom, because as a bona fide purchaser without notice who recorded first, he takes priority under Florida's notice recording statute
C
Susan, but she must compensate Tom for his purchase price
D
They become tenants in common with equal interests

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Related Topics & Key Terms

Key Terms:

deed_deliverytitle_transfercontinued_possessionsubsequent_purchaser
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