Maria signs a deed transferring her Tampa property to her daughter but keeps the deed in her safe deposit box, telling no one about it. Maria dies two years later, and her daughter finds the deed. What is the status of this transfer?
Correct Answer
A) No valid transfer occurred due to lack of delivery
Correct: A - No valid transfer occurred due to lack of delivery. delivery is an essential element of a valid deed transfer in Florida. Merely signing a deed without delivering it does not transfer title. Why not B: This option is incorrect because "Valid transfer occurred when the deed was signed" does not match the rule tested by the question. The correct answer is "No valid transfer occurred due to lack of delivery". delivery is an essential element of a valid deed transfer in Florida. Merely signing a deed without delivering it does not transfer title. Why not C: This option is incorrect because "Valid transfer occurred when the daughter found the deed" does not match the rule tested by the question. The correct answer is "No valid transfer occurred due to lack of delivery". delivery is an essential element of a valid deed transfer in Florida. Merely signing a deed without delivering it does not transfer title. Why not D: This option is incorrect because "Valid transfer occurred when Maria died" does not match the rule tested by the question. The correct answer is "No valid transfer occurred due to lack of delivery". delivery is an essential element of a valid deed transfer in Florida. Merely signing a deed without delivering it does not transfer title.
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Under Florida law, all of the following are required elements for a valid deed EXCEPT:
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John receives a special warranty deed for property in Jacksonville. Later, he discovers there was a mortgage on the property from before the grantor owned it. Can John successfully claim breach of covenant against his grantor?