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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Related Topics & Key Terms
Key Terms:
Related Concepts
Marketable title is title that is free from reasonable doubt as to who the owner is and free from liens, encumbrances, or defects that would cause a reasonable buyer to hesitate before purchasing. It is also known as merchantable title.
Probate is the legal process by which a deceased person's will is validated by the court and their estate is administered, including the transfer of real property to the named beneficiaries or heirs.
A quitclaim deed transfers whatever interest the grantor may have in a property without making any warranties or guarantees about the quality of title. It offers the least protection to the grantee.
More Titles Deeds Recording Questions
A Tampa property is being purchased for $450,000. The buyer wants to know the cost of owner's title insurance. Using Florida's promulgated rate of $5.75 per $1,000 of coverage, what is the title insurance premium?
In a Tampa transaction, a buyer wants the Florida rule on general warranty. Which statement is correct?
Which answer most accurately states the Florida rule for general warranty?
Sarah is selling her Miami Beach condominium to Robert. At closing, she signs a deed that contains warranties that she owns the property and has the right to convey it, but provides no warranties against defects that existed before she acquired the property. What type of deed did Sarah most likely execute?
John and Mary own property in Jacksonville as tenants by the entirety. John wants to secretly transfer his interest to his business partner without Mary's knowledge or consent. He executes a quitclaim deed to his partner. What is the effect of this deed?
- → What is the main difference between a general warranty deed and a special warranty deed in Florida?
- → Under Florida law, what does 'constructive notice' mean in the context of recorded deeds?
- → Which answer most accurately states the Florida rule for chain of title?
- → In Florida, all of the following situations would typically be excluded from standard title insurance coverage EXCEPT:
- → Non-single-family real property in Miami-Dade County is conveyed for $220,000. What total deed documentary stamp tax and surtax are due?
- → Sarah is purchasing a home in Miami and her attorney discovers that the current owner's deed was never properly recorded. The seller has been living in the property for 15 years and paying taxes. What is the most likely outcome regarding the validity of the seller's ownership?
- → Which deed is most commonly used in Florida residential transactions?
- → Sarah discovers that her neighbor's fence encroaches 3 feet onto her property, which she purchased 2 years ago in Jacksonville. Her title insurance policy shows no survey exception. What is the most likely outcome regarding her title insurance claim?
- → A Florida owner uses a quitclaim deed to transfer whatever interest the owner has to a family member. Which statement about that instrument is incorrect?
- → Lisa conveys property to Tom via warranty deed on Monday but doesn't record it. On Wednesday, Lisa conveys the same property to Susan via warranty deed, and Susan immediately records her deed. Susan had no knowledge of the prior conveyance to Tom. Under Florida's recording statute, who has superior title?
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Previous Question
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?